Subjects:

Equity and Trusts

Contents:

Part I Introduction to Trusts and Equity

1 Foundations

2 Trusts in Context

Part II Creation and Recognition of Trusts

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 III The Regulation of Trusts

9 Flexibility of Benefit

10 The Fiduciary Duty

11 Fulfilling and Filling the Office of Trustee

12 Investment

13 Breach of Trust: The Personal Liability of Trustees

Part IV Trusts and Third Parties

14 Tracing and Recovering Trust Property

15 The Equitable Liability of Strangers to the Trust

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. Equitable principles, doctrines, and remedies are introduced in the first chapter of the book and analysed throughout with 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.

• A stimulating text that challenges students to think critically about the law
• The lucid written style and depth of engagement in areas of current controversy distinguishes this book
• from its competitors
• Provides an in-depth historical and conceptual foundation for the subject and, through reference to history, literature and even film, interests and inspires, as well as informs
• Emphasises law in the modern commercial context, encouraging students to engage with the subject
• Each chapter contains a helpful introduction to the key concepts, assisting students' understanding of the subject
• Further reading guidance at the of each chapter encourages students to read widely and develop further understanding of the area
• Online Resource Centre: A companion web site containing updates, weblinks, and questions with answer guidance, as well as lecture course outlines, provides additional support for both students and lecturers