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Understanding your marks
Example from McDonald & Street: Equity & Trusts Concentrate
Below is an extract from an exam question. The answers each have good and bad points. Neither is the perfect answer. Answer 1 is narrow and has errors in the law. Answer 2 has a better knowledge of the law but has very little application. A common error for even good students is to state the law but fail to apply to the given facts. This is often the difference between a good answer and an excellent answer.
As this is an extract to illustrate how examiners mark, the answers are relatively short. Remember, good answers are not measured by their length. The most concise, clear, well supported, and applied answers will be marked highly.
Rehanna was a wealthy business woman who wanted to share her good fortune. She called her trustees who held shares in Hodan Ltd on a bare trust for her absolutely. She called them and told them to give the shares to her friend Manshun.
She also called her friend Aisha and told her that she wanted her to hold her holiday cottage, Windy Hills, on trust for Aisha's son, Roy. Rehanna sent the deeds to Aisha with a note confirming her intentions. Rehanna sent a letter to Roy telling him of her gift and inviting him to join her there for the next weekend.
Walking to work the next day Rehanna was hit by a car and seriously injured. As she lay in hospital she said to the doctor, Leith, that if she died she wanted him to have her home, Orchard House. She handed him the keys to a safe, explaining that inside the safe were the deeds to the house. Leith was delighted as he needed somewhere to live as he had recently got married.
Rehanna has died and her validly executed will leaves all her property to charity. Aisha is Rehanna's executor. Advise her on the rights of the charity over the property.
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