Highlights
Take Home Exam – what is it?
• This Take Home Exam replaces an invigilated supervised exam for this module to provide a safe and fair way of assessing your work during the restrictions that have
been put in place because of Covid 19.
• This Take Home Exam contains 6 questions. You must answer any 2 questions out of the total number of 6 questions.
• You must answer 1 question from Part A and 1 question from Part B
• Do not answer all the questions.
• As the Take Home Exam is an exam that is taken at home, you are required to return your 2 responses together as one Word document by submitting it to the ‘Take Home Exam’ submission point in the Assessment section of the Property Equity & Trusts 2 moodle site.
PART A
1. “Cowan v Scargill [1985] Ch 270 does not provide good authority for the investment approach that trustees must seek return maximisation at the expense of all other
environmental and social considerations”. Evaluate this statement in relation to the responsibilities that trustees have when investing trust funds and also the discretion that they have when choosing the investments.
2. Moshi and Sarah are joint partners of Smith Solicitors, a law firm, and were appointed as trustees of the Cummings Trust when it was established in 2016 by Mr Cummings. Mr Cummings is a valued company client of Smith Solicitors. He is the chief executive officer and the major shareholder of Global Ltd. The Cummings Trust, which is for the benefit of the settlor’s children, owned £500,000 which is held at a bank, company shares in Boris Bros. Ltd, and shares in Mr Cummings’ company, Global Ltd.
PART B
4. Evaluate the relevance of what Hobbes, Locke and Marx have to say about state, law and property in relation to contemporary issues in the United Kingdom.
5. Dominic and Sunita were married for 35 years before she sadly passed away after a long illness, during which she was cared for at the Summer Rose Hospice. Dominic
died 18 months ago. Five years before, he made the following dispositions in a will:
a. £20,000 to the South Bank Independent School
b. £25,000 to the Summer Rose Hospice.
c. £15,000 to the Actors’ Benevolent Fund to support actors in Great Britain when they are in need, hardship or have fallen on hard times
d. £10,000 to the South Bank College to improve baking skills and provide education about healthy eating.
e. £150,000 to end poverty in developing countries by cancelling unjust debt through education, research and campaigning to abolish ‘Third World Debt’.
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