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Question: How, if at all, should ss. 53(1)(b) and 53(1)(c) of the Law of Property Act 1925 be reformed?
Formalities Essay
Answer: In laws, perfection can only be reached if there are flaws.
It is a fundamental requirement of court of equity that any declaration of trust respecting land must be evidenced in writing. The requirement of writing is now embodied in s 53(1) (b) of the Law of Property Act 1925 (originally s.7 of the Statutes of Frauds 1677) which provides that a declaration of trust respecting land or an interest in land must be manifested and proved by some writing signed by some person able to declare a trust (Bristol and West BS v Pritchard). The reason for the enactment of s.7 in 1677 was, as the name of the statute implies, to prevent fraud. In this regard, Youdan gives a good account where the problem at that time was perjury (i.e. giving of false evidence in court proceedings). The law of evidence in 1677 was in a primitive state, and it was consequently ease for fraudulent allegations to be mad...(short extract)
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- Subject: Law
- Course: Property Law
- Level: Degree
- Year: 2nd/3rd
- Mark: Not available
- Words: 1314
- Date submitted: December 12, 2016
- Date written: Not available
- References: No
- Document type: Essay*
- Essay ID: 7756
