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Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law
Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
This new edition has been considerably revised to take account of recent major statutory and case law developments. The Contracts (Rights of Third Parties) Act 1999 introduced a significant improvement in the rights of third parties to enforce contracts. The Trustee Delegation Act 1999 and the Trustee Act 2000 have had a profound effect in updating the law concerning trustees' duties and powers. Important new cases covered include: Foskett v Mckeown (tracing); Pragon Finance Ltd v Thakerar (constructive trusts); Air Jamaica v Charlton (resulting trusts); Choithram International v Pagarani (constitution of trusts); Twinsectra Ltd v Yardley (accessory liability); Wight v Olswang (exclusion clauses); Southwood v AG (charities); Schmidt v Rosewood Trust (disclosure of trust documents); Pennington v Waine (gifts of shares); Le Foe v Le Foe (indirect contributions to family assets); Gwembe Valley Development Co Ltd v Koshy (limitation periods); Duggan v Governor of Full Sutton Prison (intention to create a trust); OT Computers Ltd v First National Tricity Finance Ltd (certainty of objects), and many more. Each chapter includes an exposition of the fundamental principles of trusts law in a readable and intelligible form, supplemented by extracts from judgments of leading cases. References to other relevant cases, statutes, articles and official reports are also incorporated where appropriate.
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).