Module 1 Creation of trusts
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1
Express trusts: certainties and formalities
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2
Constitution of trusts
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3
Resulting and constructive trusts
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4
Proprietary estoppel
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5
Introduction to equity and trusts
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6
Certainty of intention
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7
The three certainties of intention
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8
Formalities to create express inter vivos trusts
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9
Constitution of express inter vivos trusts
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10
Exceptions to the rule that equity will not assist a volunteer
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11
Fixed, discretionary, vested and contingent interests
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12
Beneficial entitlement
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13
The rule in Saunders v Vautier
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14
Presumption of a resulting trust
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15
How resulting trusts arise and when they are (or are not) presumed
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16
Establishment of a common intention
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17
Common intention: express declaration or agreement
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18
Common intention: direct and indirect contributions
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19
Requirements to establish proprietary estoppel
Module Assessment
Take AssessmentModule 2 Charitable and purpose trusts
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20
Charitable trusts
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21
Non-charitable purpose trusts and the beneficiary principle
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22
The distinction between charitable trusts and non charitable purpose trusts
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23
Gifts to unincorporated associations
Module Assessment
Take AssessmentModule 3 Trustees
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24
Appointment, removal and retirement
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25
Trustees' duties and powers
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26
Fiduciary duties
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27
Breach of trust and liability
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28
Who can be a trustee
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29
Appointment, removal and retirement of trustees
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30
Trustees’ duty of care
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31
Trustees’ duty to invest (and powers in relation to investment)
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32
Trustees’ statutory powers of maintenance and advancement
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33
The no-conflict rule
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34
Duty not to profit from fiduciary position
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35
Self-dealing by a fiduciary
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36
Breach of trust
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37
Trustees’ liability
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38
Measure of liability
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39
Protection of trustees
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40
Limitation and delay
Module Assessment
Take AssessmentModule 4 Equitable remedies
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41
Personal and proprietary claims
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42
Tracing
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43
Remedies for breach of trust
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44
Personal claims against trustees
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45
Recipient liability: knowing receipt
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46
Accessory liability: dishonest assistance