Oosterhoff on Trusts: Text, Commentary and Materials 8th ed.
Published: September 2014
Publisher: The Carswell Company Ltd.
Country of Publication: Canada
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The eighth edition of this publication was prepared to incorporate the vast changes in the law of trusts since the previous edition.
It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law. The textual material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.
This edition has been updated to include the many new developments in the law of trusts since the last edition. In addition to updating the material, major changes in the organization of the text have been made:-
- Chapter 3, is now called "Trust Duties and Powers" (formerly titled "Trusts and Powers") and addresses the duty to account, the duty of care and fiduciary duty.
- Unjust enrichment has been moved to chapter 10, Introduction to the Constructive Trust and Unjust Enrichment. The balance of chapter 11 has been split into three separate chapters being Chapter 11, Constructive Trusts and Wrongful Gains; Chapter 12, Constructive Trusts and Perfection of Intentions; and 18. Knowing Assistance and Receipt.
- Former Chapters 13 and 14 have been divided into Chapter 14, Exercising Discretion; Chapter 15, Investment; and Chapter 16, Rights of Trustees. Chapter 16 now also contains material on the rights of trustees inter se that was previously in Chapter 15.
- Chapter 15 has become two new chapters, Chapter 17, Liability of Trustees; and Chapter 19, Tracing and Recovery of Trust Assets.
Extensive use was also made of the Uniform Trustee Act, which was recently promulgated by the Uniform Law Conference of Canada, by contrasting and comparing it to existing provincial trustee statutes.