Full Description
This medium-length textbook has been designed to provide students with a clear step-by-step guide to the typical subject matter of an undergraduate course on trusts and equity. A number of critical perspectives, such as the tension between property and obligations approaches to the trust, are maintained throughout to give overall theoretical coherence to the work. It is intended that by reading the introduction to each chapter in turn the student will appreciate the scope and boundaries of the subject and see connections between chapters even before he or she has engaged with the detailed content. The major focus of the book is upon the law of trusts. Treatment of equitable principles, doctrines, and remedies is distributed throughout the text and illustrated by reference to practical examples involving trusts. This text seeks to give appropriate emphasis to modern trusts in commercial contexts, and contemporary developments in the areas of investment and breach of trust.
Contents
1. FOUNDATIONS; 2. Trusts in Context; 3. TRUSTS CREATED EXPRESSLY; 4. Effective Disposition of Benefit: Constitution of Trusts; 5. Ineffective Disposition of Benefit: Resulting Trusts; 6. Trust Creation and Public Policy I: Formality and Perpetuity; 7. Trust Creation and Public Policy II: Illegality and Charity; 8. Constructive Trusts and Informal Trusts of Land; PART 3: THE REGULATION OF TRUSTS; 9. Flexibility of Benefit; 10. The Fiduciary Duty; 11. Fulfilling and Filling the Office of Trustee; 12. Trustee Investment; 13. Breach of Trust: The Personal Liability of Trustees; 14. TRACING AND RECOVERING TRUST PROPERTY; 15. The Equitable Personal Liability of Strangers to the Trust
