Certainty of intention is vital for the creation of any express trust. Unfortunately, the judgment in Paul v Constance [1977] 1 W.L.R 527 has now irrevocably undermined this key aspect of English trusts law. Critically discuss the accuracy of this statement.

Feb 15, 2024

Certainty of intention is vital for the creation of any express trust. Unfortunately, the judgment in Paul v Constance [1977] 1 W.L.R 527 has now irrevocably undermined this key aspect of English trusts law. Critically discuss the accuracy of this statement.

Section A – Essay Questions:

  1. Certainty of intention is vital for the creation of any express trust.
    Unfortunately, the judgment in Paul v Constance [1977] 1 W.L.R 527 has
    now irrevocably undermined this key aspect of English trusts law.
    Critically discuss the accuracy of this statement. Your answer should
    make reference to relevant case law and academic commentary where
    appropriate.
  2. The enforcement of the beneficiary principle by the courts in England
    and Wales is unjustified. Until it is abandoned there cannot be any
    flexibility with respect to private purpose trusts.
    Critically discuss this statement. Your answer should make reference
    to relevant case law and academic commentary where appropriate.
  3. The purchase money resulting trust is the only fair way to allocate
    beneficial interests in a family home shared by co-habitees. Baroness
    Hale’s departure from this type of implied trust was unjustifiable and
    has only led to problems.
    Critically discuss the accuracy of this statement. Your answer should
    make reference to relevant case law and academic commentary where
    appropriate.

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