Who traditionally received petitions against rigid common-law remedies in the Middle Ages?
The Lord Chancellor.
What title is traditionally given to the Lord Chancellor?
Keeper of the King’s conscience.
By which centuries had the Court of Chancery developed a distinct jurisdiction?
By the fourteenth and fifteenth centuries.
When did the Court of Chancery intervene against strict common-law rights?
When such rights were contrary to conscience.
Which Acts reorganised courts to administer common-law and equity together?
The Judicature Acts 1873 and 1875.
What was the purpose of the Judicature Acts 1873 and 1875?
To administer common-law and equitable principles within the same court structure.
What is a trust in equity law?
A relationship where property is vested in trustees for beneficiaries' benefit.
What must be the subject matter of a trust?
Property, commonly legal ownership of land or invested funds.
Who is not bound by a beneficiary’s interest in a trust?
A bona fide purchaser for value without notice of the beneficial interest.
What are the three pillars of modern equity?
Equitable maxims, equitable remedies, and trusts.
What is an injunction in equity?
An equitable remedy ordering a person to do or stop doing something.
What does specific performance require a party to do?
Carry out contractual obligations.
What does rescission seek to do in a contract?
Set the transaction aside and restore parties to their pre-contract position.
Who deliberately creates a trust usually through a trust instrument?
The settlor.
What title does the trustee hold in a trust?
Legal title.
What duties must a trustee fulfill towards the beneficiary?
Fiduciary duties to act in the beneficiary’s best interests.
For whom must a trust be created to be valid?
A human beneficiary who can enforce the trust obligation.
What type of title does the beneficiary receive in a trust?
Equitable title, a personal right in personam operating through the doctrine of notice.
What does unconscionability concern in legal terms?
Conduct or circumstances so unfair that equity may prevent benefit exploitation.
Which three elements may combine to give rise to unconscionability?
Assurance, reliance, and detriment.
What made it unconscionable to deny Thorner’s inheritance expectation?
Family context, repeated assurances, and long-term reliance.
Which case involved unconscionability due to family assurances and reliance?
Thorner v Major, 2009.
Why did the claim fail in Cobbe v Yeoman’s Row Management Ltd [2008]?
Because the experienced developer knew no binding contract existed and accepted the risk.
What distinguishes statutory trusts from express trusts?
Statutory trusts are created by Parliament legislation, express trusts by settlor or testator.
What three requirements must an express trust meet?
Intention to create, valid declaration, and proper constitution.
What defines a fixed trust?
The settlor or testator decides who receives what.
What power does a discretionary trust give the trustee?
To decide which beneficiaries receive property and when or how much.
What characterizes a bare trust regarding the beneficiary's rights?
The beneficiary can call for transfer of the legal estate at any time.
What happens to the beneficial interest in a resulting trust?
It returns to the person who provided the property.
How does a constructive trust arise?
By operation of law to prevent unconscionable retention of a benefit.
What must create a testamentary trust under the Wills Act 1837?
A validly executed will.
What formality does an inter-vivos declaration of trust of personal property require?
Generally no formality is required.
What formality must a declaration of trust of land satisfy?
Section 53(1)(b) of the Law of Property Act 1925.
What does section 53(1)(c) of the Law of Property Act 1925 require for disposition of an existing equitable interest?
It must be in writing and signed by the disposer or authorised agent.
What does constitution assess in creating a trust?
Whether the necessary steps to create the intended trust have been completed.
What do formalities check in trust creation or disposition?
Whether statutory requirements governing creation or disposition have been satisfied.
How can a settlor constitute a trust?
By declaring they hold the property on trust or transferring it to another as trustee.
What are the three methods for an effective gift or trust under Milroy v Lord (1862)?
Outright transfer to donee, transfer to trustees, or self-declaration of trust.
Which case established the three methods for effective trust constitution?
Milroy v Lord, 1862.
What is the orthodox rule about equity perfecting an imperfect gift?
Equity will not perfect an imperfect gift by construing it as a declaration of trust.
Which case established that equity may treat a transfer as complete if the donor did everything possible?
Re Rose [1952].
Under Re Rose [1952], when can equity treat a transfer as complete?
When the donor has done everything within their power to transfer the property despite a third party completing legal steps.
What makes a disposition of an existing equitable interest void?
Failure to comply with section 53(1)(c) of the Law of Property Act 1925.
How did Hudson v Hathway [2022] interpret an email signature?
An email with the sender’s name can satisfy the signature requirement if intended to authenticate.
What did Grey v IRC [1960] say about a beneficiary’s direction to transfer beneficial interest?
It was a disposition requiring writing under section 53(1)(c).
How did Vandervell v IRC (No. 1) [1967] differ regarding transfer of legal title?
The direction extinguished the trust and did not require section 53(1)(c) formalities.
What should a trust problem question identify first?
Where the proprietary interest is moving.
What is the second step in analysing a trust problem question?
Classify the transaction.
What must be applied after classifying the transaction in a trust problem?
The relevant law and any equitable exception.
What is the final step in solving a trust problem question?
Reach a conclusion.
In which year did the conflict between common law and equity peak?
1615.
What case marked the peak conflict between common law and equity?
The Earl of Oxford’s Case.
What can a beneficiary’s proprietary interest be used for?
It can be sold, given away, or disposed of by will.
What does the clean hands maxim restrict in equity?
Equitable relief when the claimant’s conduct is improper.
What does ownership consist of in property law?
A bundle of incidents including possession, use, management, income, capital, transfer, exclusion, and destruction.
What does section 53(2) of the Law of Property Act 1925 state about resulting, implied, or constructive trusts?
Section 53 does not affect their creation or operation.
What transfer procedure does land generally require?
A deed.
What transfer procedure do shares require?
The relevant statutory transfer procedure.
What is required to transfer money effectively?
Effective transfer of ownership or possession.
What did the father's statement in Jones v Lock (1865) fail to create?
Neither a valid gift nor a declaration of trust.
How did Pennington v Waine [2002] extend the approach to imperfect gifts?
By treating an imperfect gift as effective if it would be unconscionable for the donor to withdraw it.
What test did Pennington v Waine [2002] fail to satisfy despite treating the gift as effective?
The strict Re Rose test.
Which case controversially extended equity's approach to imperfect gifts in 2002?
Pennington v Waine [2002].
Why did the WhatsApp name in Reid-Roberts & Anor v Mei-Lin & Anor [2026] fail the signature test?
Because the sender did not deliberately add it to authenticate the message.
What distinguishes a disclaimer from a transfer under section 53(1)(c)?
A disclaimer is an unequivocal rejection operating by avoidance, not a transfer to another person.
What are the five principal categories for analysing a trust problem?
Self-declaration, outright transfer, transfer to trustees, disposition of an existing equitable interest, and imperfect transfers.
Answer 34 questions on Equity and Trusts.
1. Which distinction correctly compares Grey v IRC [1960] with Vandervell v IRC (No. 1) [1967]?
2. What does an injunction do?
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