Criticisms

Question 1

What are the criticisms from topic 1?

Answer 1

Shares:

• Parkinson - Re-conceptualising the express trust
• Goode
• Morton
• Joanna Benjamin

Question 2

What did Goode think of Hunter v Moss?

Answer 2

A share, by definition, is simply a proportionate part of a total set of entitlements in relation to a company.

Property/co-ownership rights can exist in a bulk, the bulk as a whole being identified = shares are merely co-ownership interests in a single asset - namely share capital, so not fungible.

Question 3

What did morton (2003) think of Hunter v moss?

Answer 3

Contray to Goode, thinks it is only applcable in relation to private companies

Question 4

What did Joanna Benjamin think of Hunter v Moss?

Answer 4

Thought the difference between hunter and Goldcorp was that Hunter v Moss related to ex bulk fungibles and Goldcorp comprised of generic fungibles.