Paul v Constance [1977] 1 All ER 195 is a leading case relevant to which if the three certainties? Explain the facts, the legal issue at stake and the court’s decision. Critically evaluate the court’s decision in the context of certainty of intention

EQUITY AND THE LAW OF TRUSTS

Assessment Task Detail and Instructions:

Word Limit: 2000 words excluding footnotes, bibliography and other items listed in

Reg 6.83 of the ARU Academic Regulations (Links to an external site.).

Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).

Answer 3 questions from the 6 listed below:

1) Paul v Constance [1977] 1 All ER 195 is a leading case relevant to which if the three certainties? Explain the facts, the legal issue at stake and the court’s decision. Critically evaluate the court’s decision in the context of certainty of intention

2) Emily wishes to make the following dispositions from a trust fund constituted from her estate:

Half of the money is to be used to build a new studio at her local gymnastics club.

A quarter is to be used to develop a new alphabet which she hopes will promote a song in everyone’s heart around the world.

The remaining quarter is to be used to look after her dog and to have a mass said for her at her local church.

Would the above gifts be valid as charitable purpose trusts? If not would they be valid as non-charitable purpose trusts? Provide reasons for your answers.

3) Keech v Sandford [1726] EWHC Ch J76 serves as precedent for the idea that fiduciary duties are strict. Explain the Court’s reasoning in light of subsequent case law.

Assess & critically analyse the accuracy of this statement with reference to any relevant law