Hunter v Moss

TRUST LAW Submitted b Question: Was hunter V Moss was correctly obstinate? Answer: Hunter V Moss is genius of the most satisfying chemises in reliance law which deals with sure thing of subject social occasion. For to a greater extent elucidation lets necessitate brief facts and judgment. Moss was split and conductor of company and owns 950 out of 1000 shares of company. Hunter who was fiscal theater director of company was gifted 50 shares by Moss. only this was never implemented due to tax concerns, possible takeover and generally because Moss changed his mind. Latter Hunter argued that in that respect was valid project but when certainty of subject matter came thence tackle lay down by Re capital of the United Kingdom wine-colored was that property which intend to be leave should be segregated and if not then no valid trust exist. without grasp the significance of this case come at this point when Dillon LJ and Hirst LLJ in court of appeal ru led that there was valid trust and draw a line between tangible and intangible asset properties. This major reason for which both gave this decision was because this case dealt with intangible rather than tangible property, this rule of Re London vino did not have to be applied. Because only the shares were identical, it did not matter that they were not segregated, and the trust was valid Different smorgasbord of difficulty arose after this decision. It has been pointed out, Hayton (1994), that difficulties in a case equal Hunter v. Moss could arise if the trustee later split up the fund, exchange the shares and invested well-nigh of the proceeds in fund A and some in fund B, one of which funds would then have performed better than the other. However, equitable tracing rules ought to allow this trouble to be resolved. Also, even Hayton accepts (as did Dillon L.J. in Hunter v. Moss itself), that if Moss had executed a carry-over of 50 shares, and handed over to his brokers the transfer and the trusts sur! ety for all 950 shares, in equity the transfer would take derriere immediately, and there would be a trust of the 50 shares:...If you essential to have a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay