Date: Thu, 16 Nov 2006 14:51:00

From: Andrew Tettenborn

Subject: Third Party Trust Case

You might regard this as cheating, but it's always struck me that Binions and another v Evans [1972] Ch 359 was such a case. Cheating, of course, because the trust was constructive.

Andrew

-------- Original Message --------
Subject: ODG: Third Party Trust Case
Date: Thu, 16 Nov 2006 08:01:37 -0500
From: Jason Neyers

Dear Colleagues:

Does anyone have a favourite case of high authority where the courts found that a trust was created by a third party beneficiary contract and where the words "in trust" were not used?

Of course, I am aware of Les Affreteurs/Walford and McEvoy, but I get the feeling that most people (at least in North America) see the trusts created in those cases as fictional and results orientated. So I am looking for a case where such a charge would be harder to level. Any suggestions?

 

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Andrew Tettenborn MA LLB
Bracton Professor of Law
University of Exeter, England

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LAWYER, n. One skilled in circumvention of the law (Ambrose Bierce, 1906).

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