Assignment Template

1. Critically assess which, if any, of the following theories offer the best account of the modern-day express trust: the ‘property theory’ (the express trust is more appropriately characterised as ‘property’) or the contract theory (the express trust is more appropriately characterised as a contract for the benefit of a third party).

1. There is no justification for the recognition and enforcement of secret trusts. Such trusts merely circumvent the clear wording of legislation. Critically assess this statement.

1. The ‘no-conflict’ and ‘no-profit’ rules, which together comprise the fiduciary obligation of loyalty, are too strict and inflexible. Critically assess whether it is now time to relax these strict rules or whether their stringency and inflexibility should be retained.

Important Note: At the end of your critical essay you should include a bibliography of the books, articles, official publications and other material that you have used in writing your essay. Note that your bibliography should not include cases or legislation.

Assessment Submission (for student information)

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