Contemporary Trust Law Assignment Example | Topics and Well Written Essays - 2500 words

Contemporary Trust Law - Assignment Example If there are no beneficiaries with equitable interests in the trust assets, there is in theory no one "in whose favour the court can decree specific performance": Morice v Bishop of Durham (1804) 9 Ves.399. The complexity, of course, with this approach is that it frustrates the requirements of a settler or testator, who may want to profit a legitimate public object or useful social experiment which does not fall stringently within the definition of charity. A trust, for example, for the promotion of a particular sport (such as angling or yacht racing) is not charitable unless linked to education: Re Nottage [1895] 2 Ch. 649 and Re Clifford [1912] 1 Ch. 29. Similarly, a trust to be relevant income for the purposes of research into a proposed new alphabet also falls outside the description of charity: Re Shaw [1957] 1 W.L.R. 729. To what extent, however, is it legitimate to use the mechanism of a trust for the haulage out of mere purposes where there are no beneficiaries vested with equitable ownership in the trust property The law that a valid trust "must be for the benefit of individuals" (Bowman v Secular Society Ltd [1917] A.C. 406, 441, per Lord Parker) is not complete. A trust for charitable purposes is valid even with the absence of an equitable beneficial owner to put into effect the trust. Here, of course, it is the Crown (acting through the Attorney-General or the Charity Commissioners) who takes on the role of parens patriae on behalf of the public at large. Apart from this, there are several well-known "inconsistent" exceptions, classified by Lord Evershed M.R. in Re Endacott [1960] Ch. 232, where the trustee may perform the terms of the trust if he so wishes, but the court will not compel him to do so. These so-called "trusts of imperfect obligation" comprise (1) trusts for the creation of monuments and graves; (2) trusts for the saying of masses; and (3) trusts for the maintenance of particular animals. They will be valid (though unenforceable) provided they do not offend the rule against continuous trusts. Presumably, in the dearth of a beneficiary, the trustee is mutually the legal and beneficial owner of the trust property so that, if he fails or refuses to carry out the trust, the property will relapse back to the testator's residuary estate upon a resulting trust as to both the legal and equitable title. In reality, there is no trust here at all, rather a meagre power to apply for the stated purposes, with a contribution over or a resulting trust in evasion of exercise of the power. There are, of course, other cases where there may be a conviction despite the lack of an equitable owner. The understandable example is that of a discretionary trust in favour of a large class which is too large to list but, nevertheless, theoretically certain in definition. In the same way, there is no equitable title to the estate of a deceased person until such time as the administration is completed. The personal representatives are simply the legal owners during the administration

Camera Shots in The Great Gatsby Essay Example | Topics and Well Written Essays - 500 words

Camera Shots in The Great Gatsby - Essay Example This paper illustrates that the clip begins with an extreme long shot that brings Buchanan’s house into view. This shot is helpful in according a general impression of Buchanan’s opulence as the shot turns into a medium one. For instance, the long shot gives the audience a view of the green lawns and exquisite architecture that characterizes Tom’s house. It is notable that just before the scene, Carraway’s scene manifests as less dramatic since it is characterized by quick shots showing his dour residence and lush vegetation. The camera rapidly pans across the lake and it ushers the audience into Tom’s compound. The camera uses an eye-level position as Buchanan greets and hugs Carraway. The eye-level position accords the audience the immense figure of Buchanan. In addition, it introduces the audience to the brute nature and overconfident persona of Buchanan. Thereafter, a high-angle shot shows the audience into the splendor of Buchanan’s hous e and manifests the child-like nature of Daisy Buchanan and Jordan Baker. This shot precedes a close-up shot of Daisy’ hands. It is notable that Daisy is interested in letting Caraway observe the diamond ring on her index finger. Daisy manifests as a vain and superficial character whose beauty is the primary obsession in life. The camera tilts to remove an up-close shot of Daisy’s face. A properly lighted background that demonstrates her beautified face enables this shot. Thereafter, the camera pans into Carraway’s bewildered face and compliments with a medium shot that ushers his response to Daisy’s narcissistic questions. A slightly high angle shot gives the audience the view of Baker’s face and tilts along her tall frame as she stands up. It is notable that she is enacting impressions on Carraways. These camera movements manifest Baker’s attempts at appearing sophisticated more than she could be.