... benefit of persons... of whom he may himself be one, and any one of whom may enforce the obligation."5 A further aspect, which may cause confusion when defining the trust concept is the various ways they have been classified, be it by method of creation (express/implied), according to type of beneficiary (private/ public) or character of the interest (fixed/discretionary). These classifications are central to Moffat's quote; consequently I am going to commence my discussion by analysing the characteristics of public and private trusts as an example of the diverse nature of the trust classification. One of the most important and far reaching distinctions in the classification of the trust is that of public and private trusts (charities). Charitable trusts (often referred to as public trusts due to their nature) are trusts whose aims are to benefit society, or a section of society. In contrast a private trust benefits an individual or individuals. ...

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