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Key Cases: Equity & Trusts: (Key Cases)

Key Cases: Equity & Trusts: (Key Cases)

          
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About the Book

Key Cases has been specifically written for students studying law. It is the essential revision tool to be used on its own or with the partner Key Facts title in order to ensure a thorough knowledge of core cases for any given law topic.

Understanding essential and leading cases fully is a vital part of the study of law - the clear format, style and explanations of Key Cases will ensure you have this understanding.

The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include lecturers and barristers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.

Key features include: all essential and leading cases explained; user-friendly layout and style; cases broken down into key components by use of clear symbol system; pocket-sized and easily portable; highly-regarded authors and editors.

Table of Contents:
Table of Cases
Chapter 1 The definition of equity
1.1 The development of equity
1.2 Equitable maxims
Chapter 2 The Trust
2.1 Characteristics of a trust
2.2 Uses of trusts
Chapter 3 Trusts and Powers
3.1 The difference between a trust and a power
3.2 Powers of appointment
3.3 Bare or mere powers
3.4 Fiduciary powers
3.5 Exercise of powers of appointment
3.6 The release of a power
Chapter 4 Discretionary Trusts and Protective Trusts
4.1 The nature of discretionary trusts
4.2 Discretionary trusts
Chapter 5 The Three Certainties
5.1 General introduction
5.2 Certainty of intention
5.3 Certainty of subject matter
5.4 Certainty of objects
Chapter 6 Formalities in the creation of a trust
6.1 Declarations of trusts inter vivos
6.2 Declarations of trust by will
6.3 Dispositions of subsisting equitable interests
Chapter 7 Constitution of Trusts
7.1 Transfer of property to trustees
7.2 Declaration of self as trustee
7.3 Enforcing incompletely constituted trusts: covenants and promises to create a settlement
7.4 Exceptions to the rule that ‘equity will not assist a volunteer’
Chapter 8 Private Purpose Trusts
8.1 The beneficiary principle
8.2 The exceptions to the beneficiary principle
8.3 The approach in Re Denley
8.4 Unincorporated associations
Chapter 9 Secret Trusts and Mutual Wills
9.1 The fully secret trust
9.2 The half-secret trust
9.3 Issues arising in secret trusts
9.4 Mutual wills
Chapter 10 Resulting and Constructive trusts
10.1 Definition of automatic and presumed resulting trusts
10.2 Automatic resulting trusts
10.3 Presumed resulting trusts
10.4 Presumption of advancement and rebuttal of presumption of resulting trust
10.5 Definition of a constructive trust
10.6 Categories of constructive trust
10.7 The use of the constructive trust
Chapter 11 Charitable Trusts
11.1 Definition of charity
11.2 Relief of poverty
11.3 Advancement of education
11.4 Advancement of religion
11.5 Other purposes beneficial to the community
11.6 Political trusts
11.7 Public benefit
11.8 The cy-pres doctrine
Chapter 12 Office of Trustee
12.1 Appointment, retirement and removal
12.2 Duties of trustees
Chapter 13 Breach of Trust
13.1 Exemption clauses
13.2 Remedy for breach of trust
13.3 Investments
13.4 Indemnity against a co-trustee
13.5 Defences
Chapter 14 Breach of Fiduciary Duty
14.1 The nature of a fiduciary relationship
14.2 Purchase of trust property by the trustees
14.3 Incidental profits
14.4 Liability for breach of fiduciary duty
14.5 Remuneration
Chapter 15 Tracing
15.1 What is tracing?
15.2 Tracing at common law
15.3 Tracing in equity
Chapter 16 Strangers to a Trust
16.1 Who is a stranger to the trust?
16.2 A stranger who takes it upon himself to act as trustee
16.3 Strangers who assist in a breach of trust
16.4 Strangers who receive trust property in breach of trust
Chapter 17 Variation of trusts
17.1 The rule in Saunders v Vautier
17.2 Variation under the court's inherent jurisdiction
17.3 Variation under the Variation of Trusts Act 1957
Chapter 18 Remedies
18.1 Specific performance
18.2 Injunctions
Index


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Product Details
  • ISBN-13: 9780340926802
  • Publisher: Taylor & Francis Ltd
  • Publisher Imprint: Hodder Arnold
  • Height: 198 mm
  • No of Pages: 204
  • Series Title: Key Cases
  • Width: 129 mm
  • ISBN-10: 0340926805
  • Publisher Date: 25 Aug 2006
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 500 gr


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