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Critically evaluate whether judges in England have been too ready to employ the trust device to circumvent statutory formalities.

Assignment Titles

 

Answer ONE of the following questions.

 

  1. Critically assess whether the express trust is more appropriately characterised as ‘property’ or as a contract for the benefit of a third party.

 

  1. Critically evaluate whether judges in England have been too ready to employ the trust device to circumvent statutory formalities.

 

  1. The fiduciary obligation of loyalty, it is said, is necessarily stringent, unbending and harsh. What is the function of the strict fiduciary obligation of loyalty and should it be relaxed in cases of deserving fiduciaries?

 


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