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Exploring Equity and Trusts MyLawChamber Pack

Exploring Equity and Trusts MyLawChamber Pack

2nd Edition

Sukhninder Panesar

Jun 2012, Book with access code
ISBN13: 9781408281048
ISBN10: 140828104X
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£33.99
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Exploring Equity and Trusts supports studies of this core area of legal education in a way that will ignite 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 students' personal interest and give them 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.

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

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.

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