01.

Analyze and evaluate key cases and statutes

Introduction
In order to provide Bernardo and Chris sound advice, we have to make sure that the
following three conditions are met:
Please name the three indisputable facts and provide an explanation of each.
If you are able to assert with absolute certainty that the individual wanted to establish a trust,
then you have certainty of purpose.
The phrase "certainty of subject matter" refers to the question of whether or not we know for
sure what the trust property is.
A condition that determines whether or not something is certain is whether or not it is
possible to name the people who will benefit from it.

1. Aron left four freehold properties to his wife, Diana: a country manor in
Shrewsbury, a cottage in Cardiff, a mansion in Manchester, and a townhouse in
central London. He told Diana to divide the properties between his five children as
she saw fit.

Concerning the first clause, the problem at hand is the level of specificity of the intention.
The difficulty arises from the fact that you are required to utilize imperative terms in order to
adequately meet the specificity of intent. In this scenario, the phrase "as may be deemed
necessary or suitable" is an example of precautionary language, and it is not adequate to
satisfy this condition on its own.
The children will not receive any of Aron's freehold properties, which include a country
manor in Shrewsbury, a cottage in Cardiff, a mansion in Manchester, and a town house in
central London, amongst other properties. These freehold properties were not placed on trust.
In order to determine how to make use of it, the children will have to consult with their
mother, Diana.

2. Aron left his three Premier League winners' medals, which were part of his large
collection of trophies and other items, to his trustees so that they could keep them
safe for his siblings. My brother Edward should get the one he wants, and my sister
Fiona should get the other. Edward died a few days after Aron, so he didn't get the
chance to choose.

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This gift comes with some stipulations. Due to the fact that it is a gift, there is no requirement
to discuss the particulars of the goal; yet, we are required to give some thought to both the
subject matter and the objects.
Medals for the Premier League champions were distributed. There are three of them that are
available to siblings and guardians. There is no issue with the topic, as it specifically
mentions "Premier League winners' medals," hence the issue lies with the goods themselves.
The question that needs to be answered is whether or not we have absolute certainty about
things. After Edward's passing, the dilemma of which path to take would once again present
itself.
Evaluation in three stages:
1) We have said that the donation is subject to certain conditions.
2) Determine the test, which can be either "test" or "not test."
3) Does the test meet your expectations? Is it possible for us to be certain about the identity of
these "guardians"?

3. Aron spent his final years amassing a sizable stock and share portfolio, with certain
investments performing better than others. To make sure his ex-personal trainer,
Grant, "could continue to enjoy a reasonably comfortable existence," Aron left the
income from "my top-performing shares to my trustees" in his Will.

Undeniably a present, yet one that must nonetheless fulfill specific requirements about
subject matter and gifts. The issue at hand in this one is the degree of assurance surrounding
the topic matter.
Because it is a gift, you do not need to worry about the intention; you only need to worry
about it if it is being held on trust.
If the property held in trust is included in a bulk transaction, you are required to separate it
from the other assets in the transaction. Having said that, this pertains to shares. You do not
need to divide out whatever portion of the shares will go to former personal trainer, Grant
unless you are dealing with multiple types of shares at the same time.

2
02. Key principle and rules
Following precedent, these are the general legal criteria for equity. These maxims help
control how equity works as a body of legislation. All maxims are discretionary, and courts
may apply them or not1
1. Equity won't let a wrong happen without a way to fix it.
This saying grew out of the fact that the common law didn't have any new solutions, only
money damages. Today's laws are made by the Oireachtas, so you should be careful with
Maxim. Maxim can be used by a trust beneficiary whose rights were not recognized by
common law. Injunctions and specific performance are examples of equitable remedies that
could be granted.

2. Equity follows the law:

Courts first apply common law and if that's not fair, they provide an equitable remedy. This
maxim states that equity isn't meant to overthrow common law, but to prevent Unjust.

3. Where there is equal equity, the law shall prevail

You will only get a solution if you were honest during the contract. This rule of thumb is
about what the plaintiff might do in the future.

4. When both sides are fair, the first one to act will win.
This maxim is linked to the previous one and refers to parties' prior actions. They can't have
committed fraud or deceit to triumph in equity (Overton v Banister 1844) A beneficiary's
lawsuit against the trustees to recover trust funds she obtained after misrepresenting her age
failed.(Equity and Trusts Lecture 1 - These Are the Principles That Underpin the Way in
Which Equity - StuDocu, n.d.)

5. Delay defeats equities

Laches is a delay in enforcing a right.
In equity, a case may be dismissed for undue delay. If a party violates another's rights and
they do nothing, they may be unable to litigate later. Equal protections. Courts must
determine if the plaintiff unreasonably delayed initiating their suit. If the defendant's
activities suggest they are not pursuing the claim, the opposing party may conclude there is
no claim.
1
Mohamed Ramjohn, Text, Cases and Materials on Equity and Trusts: Fourth Edition (2008).

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6. He who seeks equity must do equity
When there are many owners of a piece of land, the law usually favors an even split. Favor
treating everyone on an even playing field. Following a company's dissolution, any remaining
assets must be split evenly among the owners.

7. He who comes to equity must come with clean hands

This maxim created the equitable remedy for rectification, which allows a contract to be
amended when the terms are misreported. This maxim lets the judge infer the parties'
intentions if they aren't properly recorded.

8. Equality is equity
The courts consider the contract's enforceability and the circumstances if it had been
completed.(The Principles of Equity & Trusts, n.d.)

9. Equity looks to the intent rather than the form

If someone does something that has the potential to be interpreted as satisfying an original
commitment, then that action will be

10. Equity looks on as done that which ought to be done

Equity relates to a person, not their possessions, according to this aphorism. It applies to
property outside a jurisdiction if a defendant is there.(Equity and Trusts Lecture 1 - These
Are the Principles That Underpin the Way in Which Equity - StuDocu, n.d.)

11. Equity imputes an intention to fulfil an obligation

The first party having an interest in an object wins.

12. Equity acts in person am

A court will not decide who is more deserving of an outcome when two parties ask for the
same item.2

2
Guru Dhillon, Noor Mohammed and Ng Yih Miin, ‘Equity & Trust’s Law Applications in Malaysia, UK and US -
In Tandem or Apart?’ [2011] CURRENT LAW JOURNAL.

4
03. Apply the Equity Rule
Equity Acts in Person am
The nature of equitable remedies is that they are usually used against the person of the
defendant. This adage is useful when it comes to properties owned abroad.3
"This saying shows the difference between the Court of Chancery's process and its decisions.
At first, it was a point of pride for chancellors and a source of fear for law judges that
chancery had a direct effect on the person, or as the phrase went, on his conscience. It was
about property, but not directly. Instead, it forced the parties to do something about it.4

Penn V Lord Baltimore

The person who brought a boundary dispute case to an English court was given an order of
specific performance, even though the land in question was in Maryland, in the United States.
Both of the people involved in the fight were English and lived in England. • Orders made by
equity can affect property outside of its jurisdiction if they are made against the defendant's
person in the jurisdiction.5

Ewing V Orr Ewing

A man died while living in Scotland, but his executors and most of his property were in
England. They said they didn't have to handle the man's estate because he lived in Scotland.
Held: His estate could be taken care of in England because equity acts in personam.6
But there are some limits to the personam maxim:
1. The defendant must be in the area where the court has power.
2. The order can't break the laws of a different country.
3. The order must be able to be carried out without the help of a court in another country.

04. Evaluate the Doctrinal Concept

It starts out by using a proposition as a beginning point or focal point for the discussion.

3
‘(PDF) Equality of Law Implementation in an Indonesian Democratic State’
<https://www.researchgate.net/publication/357671887_Equality_of_Law_Implementation_in_an_Indonesian
_Democratic_State> accessed 16 November 2022.
4
Tracia Young, ‘The Nature of Equity and Its Jurisdiction’
<https://www.academia.edu/28732911/The_nature_of_equity_and_its_jurisdiction> accessed
15 November 2022.
5
‘Equity and Trusts Lecture 1 - These Are the Principles That Underpin the Way in Which Equity - StuDocu’
<https://www.studocu.com/en-gb/document/university-of-essex/equity-and-trusts/equity-and-trusts-lecture-
1/14866818> accessed 15 November 2022.
6
Dhillon, Mohammed and Yih Miin (n 5).

5
Afterwards, it identifies the law by locating it in statutory provisions, judicial
pronouncements, and arguments in commentaries, textbooks, journals, and debates. 7 ((PDF)
Legal Research- Descriptive Analysis on Doctrinal Methodology, n.d.)
Reads them in a comprehensive manner before doing an analysis on them and writing down
findings. For instance, the first step in conducting research on the proposal of prevention
against double jeopardy in the context of criminal law would be to locate the law in the
constitution and in documents pertaining to criminal law. Based on the study of the same, it
may be possible to advance the set of formulations, or it may also highlight the aim behind
the proposition, and it may offer what it ought to be based on what it ought to be.8

Approaches
Doctrinal research involves source-based research; qualitative or quantitative research is rare.
Doctrinal analysis focuses on case law. Doctrinal analysis can be used with other approaches.
Big Data for Law employed qualitative methodologies to analyze legislation text. 9 (While the
project had non-doctrinal purposes, analyzing statute language is doctrinal research.)

Outcomes
 It takes less time to do Doctrinal Research.
 Doctrinal legal research is a tool that judges and lawyers use to analyze the law.
 It helps people understand how things change over time and how laws work.
 The method gives law a logical explanation and shows where the law isn't clear.
 It helps prove that someone knows the law.

Areas of uncertainty
 How law beliefs form
The following sections define legal uncertainty based on how actors generate legal ideas.
 Inconsistency
Uncertainty can be understood as the dispersion of outcomes' probabilities.
 As ignorance, uncertainty
7
‘(PDF) Defining and Describing What We Do: Doctrinal Legal Research’
<https://www.researchgate.net/publication/304034393_Defining_and_Describing_What_We_Do_Doctrinal_L
egal_Research> accessed 16 November 2022.
8
Dipak Raj Khanal, ‘Doctrinal Legal Research Note for LLM Student’ [2019] 2019
<https://www.academia.edu/41348887/Doctrinal_legal_research_note_for_LLM_student>
accessed 15 November 2022.
9
Jr (n 1).

6
Legal uncertainty can also be defined as actors' 'confidence' in their capacity to assign
probabilities to legal outcomes and rule out alternative beliefs.
 Payoffs vs. outcomes
Legal uncertainty is defined to examine its behavioral implications.
 Fact-pattern variation Fact patterns differ in uncertainty.
The definitions of legal uncertainty so far explain what it means to be unclear about legal
consequences if a certain fact pattern happens.
 Actors' differences
Legal ambiguity affects various players, including their interactions.
 Valuing uncertainty
It's conceivable to change a legal proposition or law's uncertainty in any of the above senses
without changing its worth.10

10
Salim Ali and others, ‘Legal Research of Doctrinal and Non-Doctrinal’ (2017) 4 2394.

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REFERENCES
Ali S and others, ‘Legal Research of Doctrinal and Non-Doctrinal’ (2017) 4 2394

Bajpai GS, ‘DESCRIPTION OF MODULE’ 12

Dhillon G, Mohammed N and Yih Miin N, ‘Equity & Trust’s Law Applications in Malaysia,
UK and US - In Tandem or Apart?’ [2011] CURRENT LAW JOURNAL

‘Equity and Trusts Lecture 1 - These Are the Principles That Underpin the Way in Which
Equity - StuDocu’ <https://www.studocu.com/en-gb/document/university-of-essex/equity-
and-trusts/equity-and-trusts-lecture-1/14866818> accessed 15 November 2022

Jr P, ‘The Rule of Law and Equality’ (2011) 32 Law and Philosophy

Khanal DR, ‘Doctrinal Legal Research Note for LLM Student’ [2019] 2019
<https://www.academia.edu/41348887/Doctrinal_legal_research_note_for_LLM_student>
accessed 15 November 2022

Nathan C, ‘What Is Basic Equality?’ (2014)

‘(PDF) Defining and Describing What We Do: Doctrinal Legal Research’

<https://www.researchgate.net/publication/304034393_Defining_and_Describing_What_We
_Do_Doctrinal_Legal_Research> accessed 16 November 2022

‘(PDF) Equality of Law Implementation in an Indonesian Democratic State’

<https://www.researchgate.net/publication/357671887_Equality_of_Law_Implementation_in
_an_Indonesian_Democratic_State> accessed 16 November 2022

Ramjohn M, Text, Cases and Materials on Equity and Trusts: Fourth Edition (2008)

Young T, ‘The Nature of Equity and Its Jurisdiction’

<https://www.academia.edu/28732911/The_nature_of_equity_and_its_jurisdiction> accessed
15 November 2022