Hunter v Moss

TRUST LAW Submitted b Question: Was hunter V Moss was correctly obstinate? Answer: Hunter V Moss is ane of the most satisfying references in reliance law which deals with consequence of subject social occasion. For to a greater extent glade lets necessitate brief facts and judgment. Moss was split and managing director of company and owns 950 out of 1000 shares of company. Hunter who was fiscal director of company was gifted 50 shares by Moss. only this was never implemented due to tax concerns, possible takeover and principally because Moss changed his mind. Latter Hunter argued that in that respect was valid fructify but when certainty of subject matter came then set about lay down by Re capital of the United Kingdom vino was that property which intend to be confidence should be nonintegrated and if not then no valid trust exist. without hamper the significance of this case come at this point when Dillon LJ and Hirst LLJ in court of appeal ruled that there was valid trust and draw a line between tangible and nonphysical asset properties. This major reason for which both gave this decision was because this case dealt with intangible rather than tangible property, this rule of Re London vino did not have to be applied.

Because only the shares were identical, it did not matter that they were not segregated, and the trust was valid Different fashion of difficulty arose after this decision. It has been pointed out, Hayton (1994), that difficulties in a case the likes of Hunter v. Moss could arise if the trustee later split up the fund, exchan ge the shares and invested well-nigh of the! proceeds in fund A and some in fund B, one of which funds would then have performed better than the other. However, equitable tracing rules ought to allow this hassle to be resolved. Also, even Hayton accepts (as did Dillon L.J. in Hunter v. Moss itself), that if Moss had executed a carry-over of 50 shares, and handed over to his brokers the transfer and the trusts security department for all 950 shares, in equity the transfer would take outrank immediately, and there would be a trust of the 50 shares:...If you wish to have a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay