6FFLK003 - Law of Trusts Essay Writing - Law Assignment Help

Assignment Task

Coursework question/s below:

1. ‘Contract-law principles may be helpful in illuminating some of the distinctive characteristics of fiduciary obligations, but unreflective use of contract rhetoric in the context of fiduciary duties is misleading and provides no rationale for further development of the law in this area’.

Critically evaluate this statement.

2. ‘We should abandon theoretical attempts to classify the beneficiary’s interest under a trust as being a personal, proprietary or persistent right, and instead focus on the practical effects of having such an interest and why it matters.’

Critically evaluate this statement.

3. The following is an imaginary scenario: Concerned by the effects of Covid-19 on the economy, the Ministry of Justice decided to commission reports on areas of the law that need urgent reform. Given the widespread risk of insolvency once businesses reopen, the Commission is interested in the potential of Quistclose Trusts to be a useful tool in such hazardous environment, but it is also concerned about the potential of such trusts to uproot certainty in this area.

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