Equity & Trusts Essay Question HELP

“An intention (even a fervent desire) to give, no matter how clearly expressed and repeated, is not enough; the donor must also
do everything "necessary to be done” as stated in Milroy and applied by the Court of Appeal in Re Rose.”

P. Luxton, In search of perfection: the Re Rose rule rationale. [2012] Conv. 70, 75.

Critically evaluate current judicial attitudes towards the enforceability of imperfect gifts in the light of this statement.

please help.

Reply 1

DanJS1993

What exactly are you struggling with? Or is it the entire thing?

Reply 2

M135i

OP

2

Original post by DanJS1993

What exactly are you struggling with? Or is it the entire thing?

I don't really know what to include in my essay and how to begin, the words critically evaluate, not sure what that means.

Reply 3

ih094

1

"critically evaluate" - positives and negatives with knock on effects/consequences i assume

Reply 4

Tortious

16

Original post by M135i

“An intention (even a fervent desire) to give, no matter how clearly expressed and repeated, is not enough; the donor must also
do everything "necessary to be done” as stated in Milroy and applied by the Court of Appeal in Re Rose.”

P. Luxton, In search of perfection: the Re Rose rule rationale. [2012] Conv. 70, 75.

Critically evaluate current judicial attitudes towards the enforceability of imperfect gifts in the light of this statement.

please help.

The "evaluate" part means "how far do judicial attitudes support this statement?".

"Critically" is asking you to consider how far you agree with each judicial opinion.

Apologies if this isn't particularly coherent - it is 2am, after all! Feel free to quote me if you'd like clarification. :yy:

Reply 5

M135i

OP

2

Original post by Tortious

The "evaluate" part means "how far do judicial attitudes support this statement?".

"Critically" is asking you to consider how far you agree with each judicial opinion.

Apologies if this isn't particularly coherent - it is 2am, after all! Feel free to quote me if you'd like clarification. :yy:

thanks for your help . it will be great if you can explain to me the question and what i i need to include in the essay.

having a hard time understanding equity!

OP

anyone ?

Well, start by breaking the question down - do you understand what an 'imperfect gift' is, and what the 'rule in Milroy v Lord' is?

Reply 8

M135i

OP

2

Original post by Forum User

Well, start by breaking the question down - do you understand what an 'imperfect gift' is, and what the 'rule in Milroy v Lord' is?

yes i do. i am thinking of starting with the basic principle in milroy and then re rose and the exceptions. what should i write about after that ?

thanks.

Reply 9

Forum User

19

Is this an assessed piece of coursework?