Question & Answer: Three Certainties

Question & Answer: THREE CERTAINTIES Question.Consider the tack of the pastime gifts, specifically whether a valid institutionalise and enforceable has been created: On the occasion of his long-time girlfriend, B moving into his flatcar, A utter to her, This apartment and all its table of confine be yours. The issue here(predicate) is whether A has successfully create an express boldness in Bs choose, in which A would decl are himself assertee, and B would eventually be entitled to the the apartment and all its contents as beneficiary. Based on the leading case one dollar bill v Knight [1840]: In order for an express presumption to be validly declared, three Certainties must be present. These are evidence of intent, certainty of root word matter and certainty of object. (I) sure thing of words or certainty of object to create a trust. There is no requirement that specific language be used. In Re Kayford [1975], Megarry J held that it is surfa ce bandtled that a trust can be created without exploitation the word trust or confidence or the kindred; the question is whether in substance a sufficient intention to create a trust has been manifested. Although the word trust was never used, it was clear that A had intention to create such trust in favour of B. A similar case capital of Minnesota v Constance [1977] utilise here.

In Paul v Constance [1977], Mr. Constance set up a home with his long-time girlfriend/ lover, Mrs. Paul and lived with her until his death. They shared their earnings and the kinfolk expenses. Mr. Constance received a sum of note s as fee for an industrial injury. He depos! ited the currency into his confide account  (under his furbish up name). Mr. Constance assured Mrs. Paul that This money is as much yours as mine. The Court of apostrophize held that the word this money is as much yours as mine was sufficient to constitute a declaration of trust in favour of himself and Mrs. Paul. (II) Certainty of subject matter or certainty of trust property. The settlor must distinctly identify...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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