Equity & Trusts Law: Paul v Constance, Keech v Sandford, Dishonest Assistance

MOD000030 Equity &
Trusts Law
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Table of Contents
Task 1..............................................................................................................................................4
Paul v Constance is a leading case relevant to which if the three certainties? Explain the facts,
the legal issue at stake and the court’s decision. Critically evaluate the court’s decision in the
context of certainty of intention...................................................................................................4
Keech v Sandford serves as precedent for the idea that fiduciary duties are strict. Explain the
Court’s reasoning in light of subsequent case law.......................................................................6
Explain what is meant by the ‘dishonest’ as an element of ‘dishonest assistance’ by making
reference to the case of Royal Brunei Airlines v Tan [1995] UKPC 4 ......................................8
BIBLIOGRAPHY.........................................................................................................................10
CASE LAWS.............................................................................................................................11
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TASK 1
Paul v Constance 1 is a leading case relevant to which if the three certainties? Explain the
facts, the legal issue at stake and the court’s decision. Critically evaluate the court’s
decision in the context of certainty of intention.
Equity and Trusts plays an crucial role in the British property laws, when two bodies of
laws acting in contradicting manner and two laws application have conflicts within the equity
would succeed triumph. Equity precisely works on the various principles whose ground is
covered by maxims in it ,the principles are namely as , Equity sees that as done what must be
done ,Equity will not suffer a wrongdoing without attaining a remedy for it,Equity enchants
equity ,therefore equality is equity, Equity states that one who is seeking equity should do equity
as well,Equity spadework on an individual person not towards an object
The case of Paul v. Constance lays down the legalities of the equity and trust law. A trust arises
legal obligatory relationship by the suitor , when the assets are in the control of the trustee for the
for satisfaction of the beneficiary, this case will determine the value of concept of intention is
important.
1 [1977] 1 All ER 195
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