12 May WHAT LEGISLATIVE ENACTMENT DID SECTION 53(1)(C) REPLACE?
Questions:
1. Explain the rules of statutory interpretation.
2. Explain the effect of section 53(1)(c), Law of Property Act 1925.
3. What legislative enactment did section 53(1)(c) replace?
4. What was the transaction in Grey v IRC? What is the ratio of the case, and what rule of interpretation was employed by the House of Lords?
5. What was the transaction in Vandervell v IRC? What is the ratio of the case, and what rule of interpretation was employed by the House of Lords?
6. Consider whether s53(1)(c), Law of Property Act 1925 would apply in the following scenario:
Robert is beneficiary of a trust of which Simon is the trustee. Robert contracts to sell his beneficial interest to Tania.
SBL 9.Legal Theory – Theory of Trusts and Economic Analysis of trusts law
In your studies to date, focus has been placed on the black letter law. In this SBL, we consider some of the broader reasons for the existence of trusts, and the economic theories which attach to their use. We will consider various theories of property, and consider the paper by Hansmann and Mattei, The Functions of Trust Law: A Comparative Legal and Economic Analysis (1998) 73 New York University Law Review 434.
Articles to read:
– Hansmann and Mattei, ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’ (1998) 73 New York University Law Review 434
– Wei, ‘The irreducible core content of modern trust law’ (2009) 15(6) Trusts & Trustees 477
Questions:
1. What is the function of property law?
2. What is the function of the law of trusts?
3. From your knowledge of all aspects of trusts which you have studied so far, are you able to draw any conclusions about the trust and its utility in English private law. For example, you might like to consider the development of the trust device.
4. How and why do you consider the trust has changed in the last 50 years?
5. Is there a uniform economic rationale for the existence of the trust?
SBL 10.Charities – Timed Essay
Case to read:
– The Independent Schools Council v The Charity Commission and others [2011] UKUT 421 (TCC)
– Dingle v Turner [1972] 2 WLR 523
– Oppenheim v Tobacco Securities Trust Co. Ltd [1951] AC 297
Textbook reading:
– Davies & Virgo, Equity & Trusts, Chapter 5.
Questions:
‘The public benefit requirement for charities has undergone a number of changes as a result of the enactment of the Charities Act 2006 (now consolidated into the Charities Act 2011). One such change arises out of the statutory duty of the Charity Commission to provide guidance on public benefit. There are, however, serious concerns about this guidance’.
In the light of the above statement, discuss critically the requirement of public benefit.
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