Abstract
Argues that the modern cases on 'fungible' property have taken the incorrect approach, and instead there is no such exception to the requirement of separating trust property from non-trust property. The proper analysis of these cases is that they are instances of equitable assignment, and the reason why equitable assignments do not arise where the subject matter consists of goods is attributable to the comprehensive set of rules developed under statute.
| Original language | English |
|---|---|
| Pages (from-to) | 41-54 |
| Journal | Conveyancer and Property Lawyer |
| Volume | 2026 |
| Issue number | 1 |
| Publication status | Published - 16 Apr 2026 |
Bibliographical note
This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancer and Property Lawyer following peer review. The definitive published version: Salmons, D. Reconciling the Case Law Under the Certainty of Subject Matter Requirement in the Law of Trusts. Conveyancer and Property Lawyer, 2026(1), 41-54 is available online on Westlaw UK or from Thomson Reuters DocDel service.Fingerprint
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