Equity & Trusts - Topic 08 Appendix

Equity & Trusts - Topic 08 Appendix - Equity and Trusts...

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Equity and Trusts II – Revision © Jaani Riordan 2006 Page 1 of 20 http://www.jaani.net/ A PPENDIX II E XAMINATION R EVISION I Introduction A Examination Format The examination is worth 100 per cent of the assessment for this subject. It will be three hours in duration, with 30 minutes reading time. Three questions must be answered: One hybrid hypothetical (comprising hypothetical and theoretical parts); and Any two other questions, from any part. Decide on which questions to answer during reading time. Do not change that decision. Utilise reading time to plan an answer: draft skeleton answers to each question, but at least one. Never spend more than one hour on a question. For hybrid questions, the hypothetical and policy parts are worth equal marks . Spend 30 minutes on each part. B Revision Consultation Lecturers are available for questions on the following extensions: Michael Bryan : 8344 6204 Lisa Sarmas : 8344 7581 In addition, Michael Bryan has available the following consultation times: Monday 29 May Tuesday 30 May Wednesday 31 May (afternoon) Thursday 1 June (afternoon) Friday 2 June C Essay Strategies Each question will usually draw together multiple topics. Bryan: ‘Only answer the essays if you have something interesting to say.’ Some of the best and worst answers are written in response to the essay questions. Doing well entails articulately presenting original thought and engaging in close analysis of novel policy ideas. Professor Bryan has expressed a strong aversion to unoriginal thought. He prefers interesting discussions — even disagreement. Do not simply regurgitate lecture notes.
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Equity and Trusts II – Revision © Jaani Riordan 2006 Page 2 of 20 http://www.jaani.net/ D Hybrid Strategies The two parts of each hybrid are weighted equally. Time should be allocated accordingly. E Hypothetical Strategies 1 Structure Commence by identifying: All potential plaintiffs; All potential defendants; Every potential head of liability; Every potential defence; Possible remedies; and Advice as to the advisee’s best course of action. Remedies are of central importance. Canvass all available remedies and recommend how the plaintiff should elect between them. Revise equitable remedies — most important issue: often the primary issue in a problem. 2 Problem styles There are, broadly, two styles of problems: A narrative of facts, calling for analysis of issues and remedies A fairly archetypal law exam problem Structured dispositions under a will More clearly structured; analysis of trust issues o Remember to consider what happens where one disposition is invalid, but the others are valid o Where there is a single trust in the problem (eg, a discretionary trust), and part of the trust is invalid (eg, one class of beneficiaries), the entire trust fails ± Same trust, different classes, one of which is invalid ± The effect is that it is held on resulting trust for the settlor (or, if dead, their next of kin), since there has been failure of an express trust
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Equity & Trusts - Topic 08 Appendix - Equity and Trusts...

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