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Question: Compare the private trust, the trust of imperfect obligation and the charitable trust. What policy ends does the law aim to achieve by it’s different treatment of each of these trusts?

Answer: In order to make a comparison between private and charitable trusts it is necessary first to identify certain key elements. Firstly what is a trust. A trust is a relationship which arises where one person (trustee) is compelled in equity to hold property for the benefit of another (beneficiary) or for a purpose permitted by law. Secondly the types of trusts which are in existence. There are many types of trusts in existence some of which include public, private, express, resulting (when beneficial interest returns to the settlor) and constructive trusts. Finally the context of law in relation to private and public trusts. This can be seen in charities in the form of the statute of Charitable Uses Act 1601 and Charities Bill 2005....(short extract)

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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 65%
  • Words: 2393
  • Date submitted: February 05, 2009
  • Date written: February, 2006
  • References: Yes
  • Document type: Essay*
  • Essay ID: 628

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