Certainty of intention is vital for the creation of any express trust. Unfortunately, the judgment in Paul v Constance [1977] 1 W.L.R 527 has now irrevocably undermined this key aspect of English trusts law. Critically discuss the accuracy of this statement.

Section A – Essay Questions:

1. Certainty of intention is vital for the creation of any express trust.
   Unfortunately, the judgment in Paul v Constance [1977] 1 W.L.R 527 has
   now irrevocably undermined this key aspect of English trusts law.
   Critically discuss the accuracy of this statement. Your answer should
   make reference to relevant case law and academic commentary where
   appropriate.
2. The enforcement of the beneficiary principle by the courts in England
   and Wales is unjustified. Until it is abandoned there cannot be any
   flexibility with respect to private purpose trusts.
   Critically discuss this statement. Your answer should make reference
   to relevant case law and academic commentary where appropriate.
3. The purchase money resulting trust is the only fair way to allocate
   beneficial interests in a family home shared by co-habitees. Baroness
   Hale’s departure from this type of implied trust was unjustifiable and
   has only led to problems.
   Critically discuss the accuracy of this statement. Your answer should
   make reference to relevant case law and academic commentary where
   appropriate.