Exploring Equity and Trusts MyLawChamber Pack

Description

Features

This second edition has been fully updated and explores key developments to the law, including:  

• The Perpetuities and Accumulations Act 2009 and the Equality Act 2010;

• Charles v Fraser (2010) & Fry v Densham-Smith regarding mutual wills;

•  Sinclair Investments Ltd v Versailles Trade Finance Ltd (2011) on the extent to which a proprietary claim can be made to unauthorised profits made by a fiduciary; 

• The decision of the Supreme Court in Jones v Kernott (2011) on quantification of beneficial interests in the family home; 

• Commentary on the Law Commission’s Final Report on the Illegality Defence (2010).

Table of Contents

Part I Introduction to equity and trusts

1. Introduction to equity
2. The trust concept
3. the trust distinguished from other legal concepts

Part II Creating the trust relationship

1. The three certainties
2. Formalities
3. Constitution of trusts
4. Secret trusts and mutual wills
5. The beneficiary principle
6. Illegality and public policy

Part III Trusts implied by law

1. Resulting trusts, part I: Nature of resulting trusts
2. Resulting trusts, part II: Imposing resulting trusts
3. Constructive trusts, part I: Nature of constructive trusts
4. Constructive trusts, part II: Imposing constructive trusts
5. Constructive trusts, part III: Imposing constructive trusts – intermeddling with trust property

Part IV The administration of trusts

1. Introduction to trusteeship
2. Investment of trust funds
3. Fiduciary nature of trusteeship
4. Powers of trustees
5. Variation of trusts

Part V Breach of trust and remedies

1. Breach of trust and personal remedies
2. Tracing and a proprietary claim

Part VI Charities and charitable trusts

1. Charities and charitable trusts
2. The cy-pres doctrine

Back Cover

“I’d definitely recommend this book. Equity and Trusts can be a challenging subject but the book is approachable and the theoretical elements add an interesting aspect. The contextual focus is very useful.”

Morenike Shodunke, Brunel Law School student.

An intelligent, accurate and thoughtful treatment of all subjects on a Trusts course. It is fluently written and, with the excellent diagrams and well-chosen further reading, provides a comprehensive and authoritative account without being dull or intimidating.  

Hazel McLean, lecturer at Exeter University School of Law

The strengths of the book are the excellent way in which the concepts are explained, and the use of academic opinion to illustrate the points. I also like the way diagrams are used where appropriate (which is always very useful indeed).

Rupert Seal, teaching associate at Queen Mary University of London

Exploring Equity and Trusts supports your studies of this core area of legal education in a way that will ignite your interest and understanding. Combining clear explanation of the law, for a solid factual basis, with contemporary examples from society, to cultivate an understanding of the way the law is shaped every day, Exploring Equity and Trusts will develop your personal interest and give you the academic edge.

The author begins by detailing the underpinning principles of equity and of the trust concept, before exploring the major themes of the area and the interconnections between them. The book examines: the requirements of creating a trust; implied trusts; trust administration; breach of trust and remedies; charities and charitable trusts.

This second edition has been fully updated and explores key developments to the law, including:  

• The Perpetuities and Accumulations Act 2009 and the Equality Act 2010;
• Charles v Fraser (2010) & Fry v Densham-Smith regarding mutual wills;
•  Sinclair Investments Ltd v Versailles Trade Finance Ltd (2011) on the extent to which a proprietary claim can be made to unauthorised profits made by a fiduciary; 
• The decision of the Supreme Court in Jones v Kernott (2011) on quantification of beneficial interests in the family home; 
• Commentary on the Law Commission’s Final Report on the Illegality Defence (2010).

Sukhninder Panesar is Associate Head of Department of the Law School, Coventry University. He has taught and written about Equity and Trusts for over twenty years.

Author

Sukhninder Panesar is Associate Head of Department of the Law School, Coventry University. He has taught and written about Equity and Trusts for over twenty years.