Sham trusts Study guides, Revision notes & Summaries

BLAW211 Final Exam Questions with Correct Answers the literal rule - Answer-where words are given their ordinary literal meaning. The golden rule - Answer-Avoid absurdity Mischief rule - Answer-What is the act trying to prevent? Purposive approach - Answer-look at the purpose of the legislation and interpret accordingly Eusdem Generis - Answer-Things of the same kind Noscitur a sociis - Answer-a word known by its neighbour (by association) Statutory interpretation presumptio...

PARTNERSHIPS: What is a partnership? s.1(1) Partnership Act 1890 Partnership = persons carrying on business with a view to profit. – May form a partnership irrespective of contrary intention. A partnership is formed once the definition is satisfied, not when a decision to form a partnership is made. Existence of partnerships: s.1(1) PA 1890 No formality is needed to establish a partnership so a partnership can be formed without the specific intent of the parties to form one. s.2(3) ...

This document covers the three certainties that are required for a validly constituted trust. Examples of where trusts were held valid or invalid, and the distinction between a trust and power are evident within the document. Reference is made to cases where marks for analysis can be given, and this is explained thoroughly. There are some reflective activities to help apply the law to real-life situations, and case-law is prevalent throughout.