University of London — LLB

⚖️ Equity & Trusts
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All topics in Equity & Trusts

Every topic in the knowledge graph — mapped from the official syllabus and textbook.

Trustees' Powers and Obligations
Fiduciary Position and Obligations
Remedies for Improper Trustee Conduct
Express Private Trusts
The Three Certainties Test
Statutory Requirements for Trust Creation
Incompletely Constituted Trusts
Secret Trusts
Purpose Trusts
Charitable Trusts
Resulting Trusts
Constructive Trusts
Doctrine of Cy Pres
Quistclose Trusts
Trustees' Delegation of Powers
Dishonest Assistance Liability
Knowing Receipt Liability
Tracing in Equity
Equity and Trusts Module
Certainties of a Trust
Trustees' Powers and Duties
Breach of Trust and Fiduciary Duty
Equitable Compensation
Dishonest Assistance
Knowing Receipt
Tracing at Law and Equity
Implied and Resulting Trusts
Cy Près Doctrine
Trustees' Liability to Account
Complex Problem-Solving Skill
Equity
Common Law
Court of Chancery
Judicature Acts 1873-75
Conflict between Law and Equity
Fusion Debate
Brake v The Chedington Court Estate [2022]
Equity as System of Rules
Gee v Pritchard [1818]
Cowcher v Cowcher [1972]
Unconscionability Doctrine
Bank of Credit and Commerce International v Akindele [2000]
Pennington v Waine [2002]
Pitt v Holt [2013]
Equitable Maxims
Trusts
Trust Relationship
Express Trust
Trust Property Subject Matter
Settlor
Trustee
Beneficiary Object
Discretionary Trust
Equitable Title
Legal Title
Constructive Trust
Resulting Trust
Trusts by Operation of Law
Fiduciary Duty
Trust v Agency Distinction

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Chase Manhattan v Israel-British Bank

Question 1

What is the significance of Chase Manhattan v Israel-British Bank [1981] for mistaken payments?

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A It confirms that only resulting trusts are available when money is paid under mistake.

B It establishes that a constructive trust arises to prevent unjust enrichment even without fault by the recipient. ✓

C It holds that the recipient must be aware of the mistake for a trust to arise.

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✅ Correct!
The case established that mistaken payments give rise to constructive trusts based on unjust enrichment, regardless of recipient’s knowledge. Option A is wrong—resulting trusts were rejected. Option C adds a knowledge requirement absent in law.

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Equity Perfects Imperfect Gift

Question 2

Can equity perfect a gift of land that fails for lack of deed under s.53(1)(a) Law of Property Act 1925?

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A Yes, if the donor has acted to the donee’s detriment in reliance and it would be unconscionable to deny enforcement. ✓

B No, because statutory formalities for land cannot be circumvented by equitable doctrines.

C Yes, provided the donor used the word 'gift' and intended the transfer to be immediate.

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✅ Correct!
While formalities are strict, Pennington v Waine suggests equity may intervene where unconscionability arises from failed formalities. However, this is limited and does not override s.53 where no steps were taken.

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Three Certainties Framework

Question 3

Which element of the three certainties is primarily concerned with proving that the settlor intended to create a binding trust?

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A Certainty of subject matter requires the settlor to express a clear intention to create a trust.

B Certainty of intention depends on whether the settlor’s words or conduct show a fixed resolve to be bound. ✓

C Certainty of objects ensures that the settlor has formally declared the trust in writing.

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✅ Correct!
Certainty of intention requires evidence that the settlor intended to create a trust, not just a moral obligation: *Paul v Constance* [1977]. Words like 'in trust' or conduct can suffice.

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⚖️ Equity & Trusts
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