Constitution of Trusts: An Analysis of Re Pryce

  • Julie Crueco
  • Luke McCarthy
  • Sarah Jacks

Abstract

The case of Re Pryce] has been the subject of much academic debate and criticism over the years. The reason being that the decision is founded on neither principle nor authority. Particularly, the decision failed to recognise that the benefit of a covenant could form the basis of a valid trust. The problem is compounded by the fact that the reasoning has formed the basis for a number of subsequent decisions. However, whilst the rationale of the case was erroneous, in light of recent High Court authority, it is arguable that the result was justified and correct in the circumstances.

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Published
Oct 30, 1998
How to Cite
CRUECO, Julie; MCCARTHY, Luke; JACKS, Sarah. Constitution of Trusts: An Analysis of Re Pryce. QUT Law Review, [S.l.], v. 14, p. 214-219, oct. 1998. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/462>. Date accessed: 28 sep. 2020. doi: https://doi.org/10.5204/qutlr.v14i0.462.
Section
Undergraduate Section
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