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Equity (Tripos)
- Introduction:
- History
- Equity as a system and its relationship with the common law
- Trusts: asset partitioning and asset management
- The nature of beneficial rights
- Examples of trusts, interests and practical applications
- Comparison with other legal and equitable institutions
- Express trusts as bargains about ring-fenced assets:
- Examples and explanation of beneficial interests
- Examples and explanation of dispositive powers and controls on their exercise
- The law governing such interests:
- Certainty in essential elements of the trust (intention, sham trusts, subject-matter and objects), and its relation to the exercise of trustees’ powers
- Standing and enforcement of trustees’ duties (including the beneficiary principle but excluding trusts of imperfect obligation)
- Limitations on discretion
- Constitution of trusts (including formalities for the declaration of trusts but excluding covenants to settle, the rule in Strong v. Bird, Re Ralli’s WT, and donatio mortis causa)
- Formalities for the disposition of equitable interests (by direct assignment and by direction to an express trustee only)
- Perpetuities (in outline)
- The Administration of Trusts:
- Trust funds and trusts of specific assets (including equitable rights in funds)
- Trustees’ administrative powers, including trustees’ powers of investment (in outline) and delegation
- Review of trustees’ discretion and access to information
- Trustees’ duties of care, including in investment
- Appointment and removal of trustees
- Trustees’ Personal Liabilities for Breach of Trust:
- What is breach of trust
- Personal remedies for breach (accounting for losses and gains)
- Contribution
- Indemnity
- Contributory fault
- Fiduciary Obligations:
- The nature and function of fiduciary obligations
- The content of fiduciary obligations
- Bargaining around fiduciary obligations
- Remedies for breach of fiduciary obligations (including rescission, account, constructive trusts)
- Tracing and Proprietary Remedies:
- Rights to trace
- Tracing rules
- Rights and remedies consequent on tracing
- The Personal Liabilities of Third Parties in respect of trusts:
- Trusteeship de son tort
- Liability for receipt of misapplied trust funds and/or their proceeds
- Liability for assisting in a breach of trust
- The holding of Property by Unincorporated Associations:
- ‘Contract holding theory’
- The courts’ preference for contract holding: its reasons and strength
- The dissolution of unincorporated associations
- Resulting Trusts:
- The nature, function and incidence of resulting trusts
- Quistclose trusts
- Charities:
- Charitable purposes
- Public benefit
- Cy-près
- Reform
- Other Equitable Remedies:
- Freezing Injunctions
- Search Orders
The following topics are not within the syllabus: secret trusts, variation of trusts, administration of a solvent estate, assignments of choses in action, bills of sale, partnerships, penalties, persons of unsound mind, and any tax aspects of trusts.