Topic: Equity and Trusts

 
NO COVER LETTER.

It is a 2300 word research essay. This means that:
• You are expected to go beyond the textbook and suggested readings;

• You are expected to use the resources (including law texts and law journals) available in the Murdoch Law Library and the databases available through the Murdoch Library website to conduct your own research into the essay topic and to incorporate your findings into your answer to the essay question;

• You must include a bibliography giving details of texts, cases and journal articles referred to in the process of preparing your assignment.

• You must include footnotes.

The assignment must be completed in 12-point default Times New Roman (font and style).

REFERENCING = You must follow the style of citation found in Melbourne University Law Review Inc, Australian Guide To Legal Citation, 3rd ed (Melbourne: the Review, 2011), on the Web at http://mulr.law.unimelb.edu.au/ and also in the subject guide for law available on the Murdoch library home page at: http://libguides.murdoch.edu.au/law.

Your essay should be no longer than 2300 words excluding footnotes and bibliography.

The mark for your assignment will be determined by reference to:
• Legal content;
• Quality of analysis;
• Clarity and organisation; and
• Presentation (including freedom from distracting stylistic errors (grammatical, spelling, punctuation and typographical), and consistent use of the Australian Guide To Legal Citation, 3rd ed (see above).

assignment question

Meagher, Gummow and Lehane famously described the role of equity thus: Equity ‘corrected, supplemented and amended the common law. It softened and modified many of the injustices at common law, and provided remedies where, at law, they were either inadequate or non-existent.’ ( R Meagher, D Heydon and M Leeming, Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies (ButterworthsLexisNexis, 4th ed, 2002), 3, para 1-005)
Firstly, describe in detail the way that equity fulfils this objective in the context of estoppel. In other words, how do the equitable principles pertaining to estoppel ‘soften and modify’ injustices at common law?
Secondly, evaluate the success of equitable estoppel. In your opinion, is it functioning well?
You should support your analysis by detailed reference to at least four cases.

some helpful resources
Do not rely on these must research in depth. this is just the background information.

You are expected to use the resources (including law texts and law journals) available in the Murdoch Law Library and the databases available through the Murdoch Library website to conduct your own research into the essay topic and to incorporate your findings into your answer to the essay question;

SOME HELPFUL RESOURCES BUT YOU MUST GO BEYOND THESE RESOURCES AND RESEARCH IN DEPTH FOR THE ASSIGNMENT QUESTION.

Textbooks and Statutes
• Essential textbook
PW Young, C Croft and ML Smith, On Equity (Lawbook Co, 2009)
ISBN 9780455224081. This book is available for purchase at the Murdoch University Bookshop.

• Essential statute
Trustees Act 1962 (WA). This statute may be downloaded from the State Law Publisher’s website: http://www.slp.wa.gov.au/Index.html.

Some helpful Resources for Extra Reading for the unit
Dal Pont, GE and DRC Chalmers, Equity and Trusts in Australia and New Zealand (5th ed, LBC, 2011).

Dal Pont GE, DRC Chalmers, and JK Maxton, Equity and Trusts: Cases and Materials (5th ed, LBC, 2011).

Evans, M, Equity and Trusts (3rd ed, Butterworths, 2012).

Heydon, JD and MJ Leeming, Cases and materials on Equity and Trusts (8th ed, LexisNexis Butterworths, 2011).

Heydon JD and MJ Leeming, Jacobs Law of Trusts in Australia (7th ed, LexisNexis Butterworths, 2006).

Radan P, C Stewart and I Vickovich, Principles of Australian Equity and Trusts: Cases and Materials (LexisNexis Butterworths, 2010).

Must do referencing as the AGLC style for both bibliography and footnotes.

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Meagher, Gummow and Lehane famously described the role of equity thus: Equity ‘corrected, supplemented and amended the common law.  It softened and modified many of the injustices at common law, and provided remedies where, at law, they were either inadequate or non-existent.’ ( R Meagher, D Heydon and M Leeming, Meagher, Gummow and Lehane’sEquity: Doctrines and Remedies (ButterworthsLexisNexis, 4^thed, 2002), 3, para 1-005)

Firstly, describe in detail the way that equity fulfils this objective in the context of estoppel.  In other words, how do the equitable principles pertaining to estoppel ‘soften and modify’ injustices at common law?

Secondly, evaluate the success of equitable estoppel.  In your opinion, is it functioning well?

You should support your analysis by detailed reference to at least

Equity and Trusts

Order Description
The three below questions need to be answered to a 1st class standard, each 1,100 words. Please ensure UK cases and academic commentary are used. Would be preferable if referencing is OSCOLA compliant.

Q1) The law in relation to the requirements for the certainty of objects for a discretionary trust has found a coherent, principled and settled answer to this issue. Do you agree with this statement? Critically explain your answer with reference to case law and academic commentary.

Q2) The purposive interpretation of S53(1)(c) of the Law of Property Act 1925 has led to some irrational and unexpected results. Do you agree with this statement? Explain your answer with reference to case law and academic commentary.

Q3) You have been asked to advise on the validity of the following arrangements all of which appear in a will.

A: A ten bedroom house belonging to the recently departed David should be boarded up for fifteen years. A single room in the house was to remain open for one day per year to allow the nephews of David to watch the FA Cup final.

B: Bart wishes to spend £250,000 to erect and to maintain a statute to celebrate his achievements in Luton tiddlywinks competitions.

C: Tracy has left £30,000 in her will for the upkeep of her pet baby elephant.

D: Ted has given £10,000 per annum to a charity named Elderly Care as long as they maintain his grave. If Elderly Care failed to maintain the grave then the £10,000 per annum is to be given to Help the Creaky, which is also a charity.