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1 Found helpful • 83 Pages • Complete Study Notes • Year: Pre-2021
LAWS Equity and Trusts notes by chapters. Good for revision and exams. -‐ Trespass and conversion (interference of chattel) -‐ Full value of goods (unless relationship such as bailor-‐bailee) • Right to immediate possession • Right to future possession • Double Liability: can a person be sued twice? • Jus tertii (third party rights): not the best title, relativity of title used to show that plaintiff has no title Note: • Beconwood, Howard-‐ Smith : is it a charge? Is it authorisation? What is it parties are doing? • Trust versus bailment? Is it a bailment relationship or is it a trust? • Debt versus trust (quistclose trust): debt for a particular purpose Property: Who owns what? • Where is the legal title? o What kind of property am I dealing with? How is it moved around? o An unencumbered legal title does not five you a separate title (DKLR) • Is there an express trust? o Declaration of trust (
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