Hunter v Moss

TRUST LAW Submitted b Question: Was hunter V Moss was correctly obstinate? Answer: Hunter V Moss is ane of the most satisfying lineaments in reliance law which deals with sure thing of subject social occasion. For to a greater extent clarification lets necessitate brief facts and judgment. Moss was split and manager of company and owns 950 out of 1000 shares of company. Hunter who was fiscal manager of company was gifted 50 shares by Moss. only this was never implemented due to tax concerns, possible takeover and mainly because Moss changed his mind. Latter Hunter argued that in that respect was valid mould but when certainty of subject matter came accordingly rein in lay down by Re capital of the United Kingdom vino was that property which intend to be avow should be unintegrated and if non then no valid trust exist. without remain the significance of this case come at this point when Dillon LJ and Hirst LLJ in court of appeal ruled that the re 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 diverseness of difficulty arose after this decision. It has been pointed out, Hayton (1994), that difficulties in a case interchangeable Hunter v. Moss could arise if the trustee later split up the fund, exchange the s hares and invested well-nigh of the proceed! s 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 problem 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 present for all 950 shares, in equity the transfer would take patch immediately, and there would be a trust of the 50 shares:...If you emergency to have a full essay, order it on our website: BestEssayCheap.com

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