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Text, Cases and Materials on Equity and Trusts 4th ed


ISBN13: 9780415442947
Previous Edition ISBN: 1859417442
Published: May 2008
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: £47.99



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"Cases and Materials on Equity and Trusts" has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments. The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and, self-test questions to consolidate learning at the end of each chapter.New to this edition: is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as "Stack v Dowden" (constructive trusts and family assets), "Oxley v Hiscock" (quantification of family assets), "Barlow Clowes v Eurotrust" (review of the test for dishonesty), "Abou-Ramah v Abacha" (dishonest assistance and change of position defence), "AG for Zambia v Meer Care and Desai" (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), "Templeton Insurance v Penningtons Solicitors" (Quistclose trust and damages) and many more are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account are extracts from the Law Commission's Reports and consultation papers on 'Sharing Homes' and 'Trustee Exemption Clauses' as well as key academic literature and debates. The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources. A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions.

Subjects:
Equity and Trusts
Contents:
1. Historical outlines of Equity.
2. Trust concept.
3. Express private trusts and Formalities.
4. Constitution and effect of an express trust.
5. Exceptions to the rule that equity will not perfect an imperfect gift.
6. Discretionary trusts.
7. Protective trusts.
8. Resulting trusts.
9. Constructive trusts: Conflict of duty and interest.
10. Constructive trusts: Family home.
11. Constructive trusts: Strangers as constructive trustees.
12. Secret trusts and mutual wills.
13. Private purpose trusts.
14. Charitable trusts: Privileges.
15. Charitable trusts: Definition and public interest.
16. Charitable trusts: Classification of charitable trusts.
17. Charitable trusts: Cy Pres doctrine.
18. Appointment, retirement and removal of trustees.
19. Duties and powers of trustees.
20. Variation of trusts.
21. Breach of trusts.
22. Injunctions.
23. Specific performance.
24. Rectification.
25. Rescission.
26. Account.