Write an essay critically evaluating the key duties of trustees and difficulties of enforcement. The length of the essay should be 2,000 – 2,500 words.
The following should be considered:
- Fluidity and cohesion of writing
- How topic will be tackled substantively
- Demonstration of understanding of general area of law
- Evidence of wider reading
- Critical discussion and synthesis of ideas.
Reading
Hudson, A, Equity and Trusts (9th edition, Cavendish, Abingdon, 2016) p.418-429; 441
Getzler, J. Legislative Incursions into Modern Trusts Doctrine in England: The Trustee Act 2000 and the Contracts (Rights of Third Parties) Act 1999 [article] Global Jurist, 2002, Vol. 2(1), p.[i]-19
A TRUSTEE’S FIDUCIARY DUTIES AT THE START AND END OF ADMINISTRATION Catholic University Law Review, 2015, Vol. 64 (3), p.707-728.
Brooks, J.T. et al Delegation of Trustee’s Duties to Advisors [article] Banking Law Journal, 2004, Vol. 121 (2), p.141-152.
Atkinson, R., Unsettled Standing: Who (Else) Should Enforce the Duties of Charitable Fudiciaries? Journal of Corporation Law, 1998, Vol. 21 (4), p.655
Nestlé v National Westminster Bank plc (1994)
Re Power’s WT (1951)
Re Wragg (1919)
Cowan v Scargill (1985)
Nestlé v National Westminster Bank plc (1994)
Re Barton’s Trust (1868)
Re Bouch (1885)
Hill v Permanent Trustee Co of New South Wales (1930)
Tito v Waddell (No.2)(1977)
Additional Information:
- Your assignment should be between 2,000 and 2,500 words. You are allowed to go below or above this word count by no more than 10% without your mark being affected.
- Your essay must include a minimum of 4 relevant quotations, accurately referenced from 2 different sources that you actively engage with during the research process.
- Please refer to the OSCOLA Referencing Guidelines from Law Department homepage. Your tutor will upload your assignment to Turnitin, the plagiarism detection website, so it is vital that you correctly reference any parts of your assignment that are not your original work.
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