About: Hunter v Moss

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Hunter v Moss [1994] 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust. Moss promised Hunter 50 shares in his company as part of an employment contract, but failed to provide them. Hunter brought a claim against Moss for them, arguing that Moss's promise had created a trust over those 50 shares. The constitution of trusts normally requires that trust property be segregated from non-trust property for the trust to be valid, as in Re London Wine Co (Shippers) Ltd. On this occasion, however, both Colin Rimer in the High Court of Justice and Dillon, Mann and Hirst LJJ in the Court of Appeal felt that, because this case dealt with intangible rather than tangible property, this rule did not have to be applied. Be

Attributes	Values
rdf:type	yago:Abstraction100002137 yago:Case107308889 yago:Event100029378 yago:Happening107283608 yago:PsychologicalFeature100023100 yago:YagoPermanentlyLocatedEntity Supreme Court of the United States case
rdfs:label	Hunter v Moss (en)
rdfs:comment	Hunter v Moss [1994] 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust. Moss promised Hunter 50 shares in his company as part of an employment contract, but failed to provide them. Hunter brought a claim against Moss for them, arguing that Moss's promise had created a trust over those 50 shares. The constitution of trusts normally requires that trust property be segregated from non-trust property for the trust to be valid, as in Re London Wine Co (Shippers) Ltd. On this occasion, however, both Colin Rimer in the High Court of Justice and Dillon, Mann and Hirst LJJ in the Court of Appeal felt that, because this case dealt with intangible rather than tangible property, this rule did not have to be applied. Be (en)
name	Hunter v Moss (en)
dcterms:subject	1993 in British law 1993 in case law English trusts case law Court of Appeal (England and Wales) cases
Wikipage page ID	27534466 (xsd:integer)
Wikipage revision ID	1092526946 (xsd:integer)
Link from a Wikipage to another Wikipage	England and Wales Brian Dillon (judge) Personal property Re London Wine Co (Shippers) Ltd Court of Appeal of England and Wales Law Quarterly Review Alastair Hudson 1993 in British law High Court of Justice 1993 in case law English trusts case law Court of Appeal (England and Wales) cases Supreme Court of New South Wales Colin Rimer English trusts law Case citation Three certainties Supreme Court of Minnesota Dillon LJ Re Harvard Securities Neuberger J dbr:Rollestone_v_National_Bank_of_Commerce_in_St._Louis
Link from a Wikipage to an external page	http://www.bailii.org/cgi-bin/markup.cgi%3Fdoc=/ew/cases/EWCA/Civ/1993/11.html
sameAs	Hunter v Moss Hunter v Moss Hunter v Moss
transcripts	http://www.bailii.org/cgi-bin/markup.cgi%3Fdoc=/ew/cases/EWCA/Civ/1993/11.html
dbp:wikiPageUsesTemplate	dbt:Blockquote dbt:Cite_book dbt:Cite_journal dbt:Good_article dbt:Reflist dbt:Short_description dbt:Use_dmy_dates dbt:Infobox_Court_Case
citations	[1993] EWCA Civ 11, [1994] 1 WLR 452 (en)
court	Court of Appeal of England and Wales
judges	Dillon LJ, Mann LJ and Hirst LJ (en)
keywords	Three certainties
has abstract	Hunter v Moss [1994] 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust. Moss promised Hunter 50 shares in his company as part of an employment contract, but failed to provide them. Hunter brought a claim against Moss for them, arguing that Moss's promise had created a trust over those 50 shares. The constitution of trusts normally requires that trust property be segregated from non-trust property for the trust to be valid, as in Re London Wine Co (Shippers) Ltd. On this occasion, however, both Colin Rimer in the High Court of Justice and Dillon, Mann and Hirst LJJ in the Court of Appeal felt that, because this case dealt with intangible rather than tangible property, this rule did not have to be applied. Because all the shares were identical, it did not matter that they were not segregated, and the trust was valid. The decision was applied in Re Harvard Securities, creating a rule that segregation is not always necessary when the trust concerns intangible, identical property. The academic reaction to Hunter was mixed. While some called it "fair, sensible and workable", or noted that "Logically the decision in Hunter v Moss appears a sensible one", Alastair Hudson felt that "doctrinally, it is suggested that the decision in Hunter v Moss is wrong and should not be relied upon", because it contradicted existing property law and drew a distinction between tangible and intangible property he felt to be "spurious". (en)
date decided	1993-12-21 (xsd:date)
opinions	Brian Dillon (judge)
prior actions	[1993] 1 WLR 934 (en)
gold:hypernym	Case
prov:wasDerivedFrom	wikipedia-en:Hunter_v_Moss?oldid=1092526946&ns=0
page length (characters) of wiki page	10146 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Hunter_v_Moss
is Link from a Wikipage to another Wikipage of	English trust law Brian Dillon (judge) Re London Wine Co (Shippers) Ltd Colin Rimer Re Harvard Securities Ltd Re Lehman Brothers International (Europe) Certainty in English law Three certainties
is foaf:primaryTopic of	wikipedia-en:Hunter_v_Moss

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