Saturday 31 January 2015

Equity and Trusts

Equity and Trusts
Demonstrate knowledge and understanding of the complexities of, and relationships between, legal provisions and concepts, values, principles and rules in relation to Equity & Trusts and be able critically to discuss the same.
Analyse and evaluate cases and statutes, identifying principal rules by applying techniques of interpretation to them.
Evaluate doctrinal and conceptual difficulties and analyse alternative approaches and outcomes and areas of uncertainty
Rank relevance and importance of arguments based on well established orthodoxies in the area, integrating principal doctrinal and policy issues from primary and secondary sources.
Effectively use standard paper and electronic resources; write fluent and complex prose, using legal terminology correctly.
The Assignment Task:
Sanjeev has recently died and his valid will states in part:
(a) To my daughter, Ishani, I leave my farm on the Isle of Wight, together with all its contents;
(b) To my cousin, Amal, I leave all of my 30,000 shares in Harcombe plc.
After the will is read, Darshan and Jameel approach you for advice.
Darshan alleges that in his lifetime, Sanjeev wrote to him and promised him the farm on the Isle of Wight, and so, as a result of that promise, he is the rightful owner of the farm.
Jameel alleges that, before he died, Sanjeev, who had just been diagnosed with Ebola, handed him a share transfer form and said to him; If I don't make it, I want you to have my shares in Harcombe plc. Amal claims that the shares belong to him, as not only is he named in the will but that, in front of him, before he became ill, Sanjeev had completed the appropriate share transfer form and was just waiting for the companys board of directors to approve the transfer.
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