Continue reading "Equity, volunteers and unconstituted trusts: Certainty of subject matter"
Equity, volunteers and unconstituted trusts: Certainty of subject matter
Mark Pawlowski considers whether a volunteer can enforce a promise to settle property Fletcher highlights the difficulty in any particular case in determining whether or not there is an intention to create a trust of the promise. In most cases the requisite intention will be absent and, therefore, will prove fatal to the existence of …