Full Description
A comprehensive text with a wide range of relevant, interesting case law, statutory material, academic extracts and official proposals for law reform. In a subject that is heavily case based, the contents of Cases and Materials on Equity and Trusts provide a complete source of reference to students. The book is set out in a logical structure which corresponds to the typical undergraduate course in equity and trusts, and is linked by engaging commentary and stimulating questions together with questions for further study. The fourth edition has been revised and updated to include extracts from a number of significant new statutes, judicial decisions and reform proposals. Statutes include the Trustee Act 2000, the Trustee Delegation Act 1999 and the Human Rights Act 1998. Recent significant case law includes House of Lords decisions on tracing (Foskett v McKeown), the equitable liablility of third parties (Twinsectra Ltd v Yardley) and fiduciary conflicts of interest (Fefri Bolkiah v KPMG). There have also been a number of significant recent decisions of the Court of Appeal, including Pennington v Waine; Paragon Finance plc v Thakerar &Co; Gillett v Holt.
Notable reform proposals include Law Commission papers on Sharing Homes, Limitation of Actions and the effect of Illegality on Trusts.
Contents
1. Nature of Equitable Ownership; 2. Trusts Distinguished from Similar Common Law Concepts; 3. Constitution of Trusts and Covenants to Settle; 4. Certainty; 5. Private Purpose Trusts; 6. Formalities, Perpetuity and Public Policy; 7. Variation of Trusts; 8. Resulting Trusts; 9. Fraud Based Constructive Trusts; 10. Trusts of Land; 11. Unincorporated Associations; 12. Legal Definition of Charity; 13. Cy Pres; 14. The Office of Trustee; 15. Powers, Discretions and Duties of Trustees; 16. Defences to a Breach of Trust Action; 17. Tracing and Third Party Liability
