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Hunter v Moss (1993)

Last modified: Thu Feb 23 16:37:37 2006

[1993] 1 WLR 934 CA. The defendant had made an oral declaration of trust of 50 company shares in favour of the claimant, then tried to disavow this declaration. The defendant's argument was that this declaration was void for insufficient CertaintyOfSubjectMatter - he owned 950 shares in the company, and the declaration did not state which 50 were to be subject to the trust. The Court of Appeal held that in general a trust was certain if, immediately after its declaration, a court could make an order to enforce it. In this case, it was irrelevant which 50 shares were the subject of the trust, which was therefore upheld.

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