Explain and analyse the operation of the doctrine of equity and its role within trust law.

Description

Answer the following question:

‘The neglect of Parliament in providing a uniform statutory test for public benefit has compelled the courts to establish a series of tests whose application is contingent upon the charitable purpose at issue. The urgent reform needed in this area of the Law is clear; a statutory test for public benefit which would simplify the Law by applying to all charitable purposes in equal measure.’

Discuss the accuracy or otherwise of this statement with reference to the Law on Charities.

Learning Outcomes

On successful completion of this assessment, you will be able to:

a. Explain and analyse the operation of the doctrine of equity and its role within trust law.

b. Evaluate the nature of the rights and obligations of trustees and beneficiaries to a trust.

c. Explain and critically comment on how the principles of equity and trusts law apply in a social and commercial context.

d. Demonstrate effective research writing and analytical skills.

e. Justify the validity of chosen legal argument with applicable authorities in addressing complex legal problems.

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