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LAWS 10200 RUC Property Law & Principles of Equity and Trusts Essay

 

question: “In older cases, the courts tended to adopt a much stricter approach to the
construction of trusts, so that virtually any uncertainty relating to a trust’s
administration would result in its invalidity. More recently, the courts have tended to
strive to uphold a trust if they possibly can.” (Virgo, The Principles of Equity and
Trusts, 2020, p 73)
Critically discuss this statement in relation to the requirements for certainty set out in
Knight v Knight (1840) 3 Beav 148.

Direct and indirect quotations must be acknowledged by means of a simple in-text
reference. At
the minimum, this will name the author of books or articles being quoted (for
example “As Smith argues…”); the short title of the case or statute in question
should be used when providing support for a point of law (for example, Jones v
Brown, or Law of Property Act 1925). Precise references to statutory provisions (for
example, “Law of Property Act 1925, s 53(1)(b)” rather than simply “Law of Property
Act”) should be given.