UNIVERSITY OF JAFFNA, SRI LANKA
SECOND EXAMINATION IN LAWS, BACHELOR OF LAWS DEGREE-2020
FIRST SEMESTER (Held in March 2022)
ALLEC21044
LAW OF EQUITY AND TRUSTS
Three (03) Hours
The question paper contains SEVEN (07) questions.
• Answer any FOUR (04) questions only.
(Candidates will be penalized for illegible handwriting)
1. "The principles either of law or of equity did not change but they were now
administered by one court which consequently saved time, inconvenience and
expense of the litigant public. As has been well said, the two streams have met and
now run in the same channel; but their waters do not mix."
(Hanbury: Modern Equity, Pp.462)
• Comment on the above statement in the light of historical development of equity .
(100 Marks)
2. Equitable remedies are available in all courts exercising jurisdiction in civil cases'.
Essentially these are discretionary and available only in the absence of an
appropriate and adequate common law remedy.
Comment on the above statement with reference to equitable remedies and case law
authorities.
(100 Marks)
1
3. Identify the most suitable maxims of equity in the following statements and discuss
the scope and application of the maxims:
a) To obtain an equitable relief the plaintiff must himself be prepared to do equity.
b) A plaintiff will not be allowed to pursue a cause of action which arises from his
own illegal conduct.
(50x2= 100 Marks)
4. (a) Kanapathy Aiyar, residing in Jaffna being desirous of his soul's attainment of
salvation transferred his land with a hall situated in the surrounding of
•
Kandaswamy Temple by execution of deed of charitable trust to use the land and the
hall to perform cultural events and to give annadanam (sacred offering meals) to the
devotees of Kandaswamy Temple during the annual festival of the Temple.
Is it a charitable trust under the Trusts Ordinance No: 09 of 1917? Give reasons for
your answer citing relevant provisions of the Trusts Ordinance and decided cases.
(50Marks)
(b) Compare and contrast the law relating to charitable trusts in Sri Lanka and in
England. •
(50Marks)
5. Answer both (a) and (b)
a) Discuss the rights and duties of a trustee in relation to a trust property under the
Trusts Ordinance, No. 09 of 1917.
(50 Marks)
2
b) Selvi donated Rs. 300,000 to Yarl Univers ity in 1985 and stated that a gold medal
shall be awarded to the student who achieves the best performance in Pannisai
(an elective course unit in Bachelor of Fine Arts in Music Degree Programme)
from the interest earned out of the deposit at the annual convocation of the
University. However, no student has opted the subject 'Pannisai' for the last 15
years due to lack of career opportunities for the course units.
Assume that you have been appointed as a member of the Endowment
Committee by the University to submit a report on the nature of trust and make
• recommendations to overcome the issue.
recommendations.
Submit the report and your
(50Marks)
6. Even though the Trust Ordinance, No.09 of 1917 had been introduced by the British
Rulers, the Courts of Sri Lanka have adopted a very restrictive approach to apply the
principles of English Law in decid ing cases under the Ordinance.
Critically analyze the above statement with reference to cases decided in Sri Lanka.
•
(100 Marks)
7. Answer both (a) and (b)
a) Discuss whether a valid trust is created in the following circumstances:
I. Yokesh conveys a property to Barathy to expand Yokesh's business of
smuggling drugs.
II. Nirmal bequeaths Rs.700, 000 to Rose, requesting her to distribute it
among the members of Sampath's family.
Ill. Rahavan created a trust and appointed Banu, age of 16 years as a trustee.
(20x3=60 marks)
3
b) Discuss whethe r a trust may be construed in the following circumstances:
Nelson, a politician, wished to get a land situated in Talaimannar from his
friend Dileep for the purpose of contesting in the Parliamentary Election in
Mannar District. Nelson got the land transferred in his name since he had no
other proof of his residency in Mannar. He promised Dileep that he will re-
transfer the land after the election.
(40 Marks)
•
xxxxx
