Text, 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 & 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.
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