equity will not perfect an imperfect gift and will not assist a freeloading scumbag (4/6)

Glaister-Carlisle v Glaister-Carlisle [1968]
AN INTENTION TO TRANSFER LEGAL TITLE MUST BE CLEAR AND UNEQUIVOCAL
Husband and wife were having an argument. Husband threw his poodle at his wife and said ‘here, you keep the bitch’.
HELD – the Husband had not manifested a clear and unequivocal intention to transfer title of the poodle to the wife.

Equity and Trusts might well be the single hardest thing I’ve ever done. The law itself is frequently horrific unintuitive nonsense, and everything about the teaching has sucked apart from the London lecturers (who we don’t get teaching us.) The manual sucks. The textbook sucks. The GDL Answered chapter was moderate to suck. Our tutor was… less than perfectly competent. Picking subjects was a mess, because most of the self-contained ones are either bullshit or potentially essay questions; the reliable problem questions are a sprawl of half a dozen different topics coming up in random combinations. I’ve had hopes for some modules, but this wasn’t one of them.

I boned up on Equitable Tracing, which is generally popular and well-done, usually being based around arithmetic so simple you don’t even need to take your shoes off; Equitable Remedies, which is also popular but usually quite badly done, and Formalities & Constitution, a broad and messy topic. Sam plumped for Implied Trusts rather than Remedies, which is simple, logical, and self-contained, but frequently comes up as an essay rather than a problem question, which was what stopped me doing it.

The Formalities & Constitution paper had six separate dispositions. Six! Every past paper we tried had four, with complicated relationships between them, and finicky little distinction-grade details, like Re Baden jurisprudence on the certainty of “relatives” in a discretionary trust (which I’d carefully memorised). None of that, no subtlety, just six ugly little problems with hundreds of boring rote-learned elements to deal with and precious Great Expectations-themed names. Remedies actually went really well, I think, and will definitely lift my average, but Tracing, that well-known mainstay of predictable simplicity, somehow contrived to be an absolute wreck, starting bad and getting worse in the same there’s-no-chance-to-show-off-but-if-you-slip-up-on-any-of-these-million-fiddly-repetitive-bits-you’re-FUCKED fashion as Formalities & Constitution. Oh, and the invigilator was actually our E&T tutor, who insisted on taking away the USB sticks to print off individually, wasting still more time and patience when Criminal needed doing. All in all: a miserable, drawn-out, shambolic excuse for a boring clusterfuck, par for (a) terrible course.

While the rest of the day has been an utterly knackering slog through Criminal Law (as thanks to the confluence of a bank holiday Monday and bad BPP calendar planning, we have back-to-back exams), the day has been a victory on one central and important count. I’m pretty sure I passed, and that means I never have to do Equity & Trusts ever the fuck again.

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