Hunter v Moss
1993 · [1994] 1 WLR 452
Posted By lanbuk.com
- Facts
- Moss owned 950 shares in a company and declared himself trustee of 50 of them for Hunter, without saying which.
- Issue
- Was there certainty of subject matter?
- Held
- Yes. The Court of Appeal held that, since the shares were identical, the was valid without separating them.
- Principle
- A trust of part of a holding of identical intangible assets can be certain without segregation.
- Why it matters
- It is often contrasted with Re Goldcorp, and has been criticised.
Words and Latin in this note
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
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