Constitution

Constitution

1. General Principles

   • S has to do everything necessary within power
   • flexibility to ensure trust created

2. Incompletely Constituted Trust

   • Position of Intended B
     • Equity
       • if consideration, can get remedy
     • Common Law
       • rights if party to contract, and contract under seal
       • Privity of Contract - C(RTP)A 1999
   • Position of Intended T
     • Equity
       • remedy of specific performance, if consideration provided
     • Common Law
       • arguments for/against IT to sue
       • substantial/nominal damages?

3. Trust of Promise/Chose in Action

   • distinction between property/contract
   • Requirements

4. Exceptions to Rule Equity will not Perfect an Imperfect Gift

   • Rule in Strong v Bird
   • Donatio Mortis Causa
   • Proprietary/Promissory Estoppel