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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Trusts 2nd ed isbn 9780199550289

The Law of Trusts


ISBN13: 9780198298946
ISBN: 0198298943
New Edition ISBN: 9780199550289
Published: November 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



This is a major new reference work on the law of trusts, providing comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice.

The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts.

Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and;trusts of land.

This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.

Subjects:
Equity and Trusts
Contents:
BOOK ONE:
GENERAL PRINCIPLES
PART 1:
INTRODUCTION TO THE LAW OF TRUSTS
1. Introduction: The Scope of the Book
2. The Nature of the Trust
PART 2:
EXPRESS PRIVATE TRUSTS
3. The Creation of an Express Private Trust
4. The Constitution of an Express Private Trust
5. The Beneficiary Principle
6. The Interpretation of Trusts
7. Trusts with Unlawful Purposes
8. Trusts and Creditors
9. Nature of Beneficiaries' Rights and Interests Under, and Forms of, Express Private Trusts
PART 3:
THE DUTIES AND POWERS OF TRUSTEES
10. Appointment etc. of Trustees
11. The Duties of Trustees
12. Powers of Trustees
PART 4:
THE VARIATION OF TRUSTS
13. The Variation of Trusts
PART 5:
JUDICIAL REVIEW OF TRUSTEES' ACTIONS
14. Control of Express Trustees
PART 6:
TRUSTS IMPLIED BY LAW
15. Resulting Trusts
16. Constructive Trusts - Introductory
17. Constructive Trusts in Response to Unconscionable Behaviour
18. Constructive Trusts to Enforce Agreements
19. Constructive Trusts in Response to Abuse of Fiduciary Position
20. Intermeddlers with the Trust Construed to be Liable as Though Trustees
21. Secret Trusts
22. Equitable Proprietary Claims, Estoppel, and Quasi-Trusts
PART 7:
BREACH OF TRUST
23. Trustees' Liability for Breach of Trust
24. Liability of Strangers to the Trust
25. Tracing at Common Law and in Equity
BOOK TWO:
SPECIFIC TRUSTS
PART 8:
PRIVATE CLIENT TRUSTS
26. Interest in Possession Trusts
27. Discretionary Trusts
28. Accumulation and Maintenance Trusts
29. Will Trusts
PART 9:
INSOLVENCY AND TRUSTS
30. Asset Protection Trusts
31. Quistclose Trusts
32. Retention of Title
PART 10:
INTERNATIONAL TRUSTS
33. International Recognition of Trusts
34. Conflict of Laws and Trusts
35. Jurisdiction and Enforcement of Foreign Judgments
36. Offshore Purpose Trusts
PART 11:
OCCUPATIONAL PENSION FUND TRUSTS
37. Structure of Occupational Pension Provision - Trust and Contract
38. Creation
39. Interests and Rights of Members and Beneficiaries in the Pension Fund
40. Duties and Powers of Pension Fund Trustees
41. Surpluses
PART 12:
TRUSTS IN FINANCIAL TRANSACTIONS
42. Introduction: The Use of Trusts in Financial Transactions
43. Trusts Used to Take Security in Financial Transactions
44. Trusts of Financial Instruments
45. Trustees in Relation to Debt Securities
46. Trustees in Collective Investment Schemes
47. Private Trusts for Investment Purposes
48. Trusts as Contracts in Financial Transactions
PART 13:
TRUSTS IMPLIED IN COMMERCIAL CONTEXTS
49. Fiduciary Liability in Commercial Situations
50. Trusts and the Termination of Contracts
PART 14:
TRUSTS OF LAND AND OF THE HOME
51. Trusts of the Family Home
52. Trusts of Land