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Explain the principles relating to certainty of subject matter and critically evaluate the decision in Hunter v Moss.

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  • Essay length: 2667 words
  • Submitted: 07/03/2008
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University Degree Equity & Trust Law

The first 200 words of this essay...

"Hunter v Moss had been argued and decided before the decision had been given in Re Goldcorp Exchange Ltd. It has therefore been submitted to criticism on the grounds that it is inconsistent with the ringing endorsement by the Privy Council of Re London Wine Co (Shippers) Ltd"

In the light of the statement above I am going to with reference to the decided cases explain the principles relating to certainty of subject matter and critically evaluate the decision in Hunter v Moss.

Trusts developed in England during the 12th and 13th centuries. Trusts are widely considered to be the most innovative contribution to the English legal system. There is no successful definition of a trust till date, even after many attempts, but it is easier to say what a trust is by description. According to common law a trust is an arrangement that can come in a variety of forms where by property, money or other belongings are managed by a person (or persons or organisations) for the benefit of another, but is owned by the trust.

In the case of Knight v Knight Lord Langdale MR identified that in order for a

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