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Equity and Trusts
By
Michael Haley, Lara McMurtry
Description
* Provides students with a clear and
current picture of the law of trusts and equity placing the subject
in its modern context
* Combines in depth commentary with
critical analysis to give students more than just a guide to the law
* Mirrors the structure of a
traditional trusts and equity course for ease of use during studies
* Contains practical illustrations to
show how the law operates
* Gives examples to aid understanding
of the more complex and technical areas
* Contains a glossary of key terms at
the back of the work. Offers a short guide to further reading at the
end of each chapter should students wish to study further
Chapter 1: An introduction to Equity
and Trusts
- Origins of equity
- Impact of equity and introduction to
remedies
- Maxims of equity
- Evolution of the trust
- Distinguishing trusts and other legal
relationships
- Trusts in a commercial setting
- Trusts in an international setting
Chapter 2: The Three Certainties
- The need for certainty
- Consequences of a lack of certainty
- Certainty of intention
- Certainty of subject matter
- Certainty of objects
Chapter 3: Constitution of Trusts
- Methods of constitution
- Every effort rule
- Role of unconscionability
- Donationes mortis causa
- The rule in Strong v Bird
- Re Ralli\\\\\\\\\\\\\\\'s Will Trusts
- Imperfect constitution and
contractual rights
- Enforcement of covenants to settle
- Trusts of the benefit of a covenant
- Proprietary estoppel
Chapter 4: Formalities and the
Perpetuity Rules
- Function and disadvantage of
formalities
- Lifetime trusts of land
- Dealing with an existing trust
interest
- Rules against perpetuity
Chapter 5: Mutual Wills and Secret
Trusts
- Doctrine of mutual wills
- Introduction to secret trusts
- Intention
- Communication
- Acceptance
- Theoretical basis of secret trusts
Chapter 6: Non-charitable Purpose
Trusts
- Invalidity of purpose trusts
- Anomalous exceptions
- The Denley principle
- The construction of gifts to
unincorporated associations
- Mandate or agency
- Application of perpetuity rules
- Achieving non-charitable purposes
Chapter 7: Charitable Trusts
- Advantages of charitable status
- Public benefit
- Exclusivity of charitable purpose
- Proposed statutory descriptions of
charitable purposes: Charities Bill 2005
- Political purposes
- Charitable purposes overseas
Chapter 8: Cy-pres
- Meaning
- General charitable intention
- Inherent jurisdiction
- Initial impossibility
- Subsequent impossibility
- Statutory jurisdiction
- Charities Bill 2005
Chapter 9: Resulting Trusts
- Introduction and definition
- Classification
- Failure of trust cases
- Apparent gift cases
- Presumptions of equity
- Illegality and resulting trusts
Chapter 10: Constructive Trusts
- Introduction and Definition
- Classification
- Abuse of fiduciary position
- Liability of third parties
- Unlawful killing
- Specifically enforceable contracts
- Secret trusts
- Mutual wills
Chapter 11: Trusts of the Family
Home
- Relevance of legal title
- Express declarations of trust
- Purchase money resulting trust
- Distinguishing a constructive trust
- Express bargain constructive trusts
- Implied bargain constructive trusts
- Proprietary estoppel
- Possible reforms
Chapter 12: The Appointment,
Retirement and Removal of Trustees
- Types of trustee
- Methods of appointment
- Vesting of trust property
- Voluntary retirement
- Compulsory removal
- Delegation of trusteeship
Chapter 13: The Duties of a Trustee
- Trustee\\\\\\\\\\\\\\\'s duty of care
- Administrative duties
- General fiduciary duty
- Distributive duties
Chapter 14: Trustee\\\\\\\\\\\\\\\'s Powers
- The power to invest
- Maintenance of minor beneficiaries
from income
- Advancement from capital
Chapter 15: Variation of Trusts
- Consensual variation
- Court\\\\\\\\\\\\\\\'s inherent jurisdiction
- Statutory jurisdiction
- Variation of Trusts Act 1958
Chapter 16: Setting Trusts Aside
- Public policy and illegality
- Sham and illusory trusts
- Trusts to defeat creditors
- Family claims
Chapter 17: Breach of Trust
- Trustee liability to beneficiaries
- Liability inter se
- Protection from liability
- Liability of third parties
- Dishonest assistance
- Knowing receipt
- Personal and proprietary actions
- Principles of tracing
- Tracing at common law
- Tracing in equity
- Loss of the right to trace
- Defences to tracing claims
Chapter 18: Injunctions
- Jurisdiction
- Protection of rights
- Enforcement
- Damages in Lieu
- Types of Injunction
- Key principles governing the grant of
final injunctions
- Key principles governing the grant of
interim injunctions
- Exceptions
- The search order
- The freezing injunction
Chapter 19: Specific Performance
- Nature of the remedy
- General principles
- Grounds for refusal
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