Text cases and materials on equity and trusts 1st Edition by Catrin Fflur Huws ISBN 9781408269572 by Huws, Dr Catrin Fflur 9781292017372, 9781408269572, 9781408269596, 1292017376, 1408269570, 1408269597 instant download after payment.

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ISBN 13: 9781408269572
Author: Catrin Fflur Huws

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Text, Cases and Materials on Equity and Trusts combines detailed commentary and analysis of the law with excerpts from a range of sources, both legal and non-legal, to help set the law in context and deepen your knowledge of this core area of law.

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Text cases and materials on equity and trusts 1st Table of contents:

Part 1 Equity
1 The concept of equity
What is equity?
The law as a system of rules
How does equity intervene?
Chapter summary
Further reading
2 The evolution of equity
Introduction
The Provisions of Oxford
Conflict of common law and equity
The systemisation of equity
The fusion of common law and equity
Contemporary equity
Equity’s relationship with the law
Equity’s ability to innovate
Chapter summary
Further reading
3 Equity’s involvement in other areas of law
Introduction
Equity in contract law
Equity in land law
Equity in criminal law and the law of torts
Equity in commercial law
Equity in company law
Equity in intellectual property law
Chapter summary
Further reading
4 The nature of equitable obligations
Introduction
Equity as a personal obligation
The bona fide purchaser for value without notice
Equity’s maxims
Effect of maxims
Chapter summary
Further reading
5 Equitable remedies
The discretionary nature of equitable remedies
Specific equitable remedies
Specific performance
Subrogation
Rectification
Rescission
Other equitable remedies
Chapter summary
Further reading
Part 2 The trust
6 An overview of trusts
Introduction
The historical origins of the trust
How a trust may arise
Reasons for creating a trust
The parties to a trust
Characteristics
The trust and other obligations
Chapter summary
Further reading
7 The settlor
Capacity
Creating the trust
Declaring oneself to be a trustee
The settlor-beneficiary
The trust must be completely constituted
Chapter summary
Further reading
8 The three certainties
Introduction
The certainty of intention
The certainty of subject matter
The certainty of objects
Chapter summary
Further reading
9 Formalities
Introduction
Capacity
Writing
Other formalities
The rule against perpetuities, accumulations and remoteness of vesting
Chapter summary
Further reading
10 The trust property
Introduction
Property that may be the subject of a trust
Property that may not be the subject of a trust
Chapter summary
Further reading
11 The trustee
Introduction
Who may be a trustee?
Specific types of trustees
Appointment of trustees
Accepting and declining the office of trustee
Trustees’ rights
Trustees’ duties
Trustees’ powers
Breach of trust
Vacating the office of trustee
Chapter summary
Further reading
12 The beneficiary
Introduction
Who may be a beneficiary?
The role of the beneficiary
The rights of the beneficiary
Chapter summary
Further reading
Part 3 Types of trusts
13 Family trusts
Introduction
The family trust
The family commercial trust
Chapter summary
Further reading
14 Trusts relating to land
Introduction
Trusts of land
Implied trusts
Resulting trusts of the family home presumed from the conduct of the settlor/beneficiary
Constructive trusts of the family home
The current law
Establishing a constructive trust of the family home
Chapter summary
Further reading
15 Succession
Introduction
Intestacy
Wills
Revival
Interpreting a will
Secret trusts, mutual wills and donatio mortis causa
Inheritance (Provision for Family and Dependants) Act 1975
Chapter summary
Further reading
16 Commercial trusts
Introduction
Providing funds for customers
Ring-fencing company assets
The fiduciary duty of company directors
Loans
Romalpa (retention of title) clauses
Providing an intermediary in arm’s-length transactions
Solicitors’ clients’ accounts
Employee incentives
Chapter summary
Further reading
17 Investments and pensions
Introduction
Investment trusts
Unit trusts
Occupational pension schemes
Chapter summary
Further reading
18 Non-charitable purposes
Introduction
Unincorporated associations
Identifying the beneficiaries
Other non-charitable purposes
Chapter summary
Further reading
19 Introduction to charities
Introduction
What is a charity?
Establishing a charitable purpose
Public benefit
Chapter summary
Further reading
20 Specific charitable purposes
Introduction
(a) The prevention or relief of poverty
(b) The advancement of education
(c) The advancement of religion
(d) The advancement of health or the saving of lives
(e) The advancement of citizenship or community development
(f) The advancement of the arts, culture, heritage or science
(g) The advancement of amateur sport
(h) The advancement of human rights, conflict resolutionor reconciliation or the promotion of religi
(i) The advancement of environmental protection or improvement
( j) The relief of those in need by reason of youth, age, ill-health, disability, financial hardship
(k) The advancement of animal welfare
(l) The promotion of the efficiency of the armed forces of the Crown, or of the efficiency of the po
(m) Any other purposes
Chapter summary
Further reading
21 The regulation and administration of charities
Regulating the operation of charities
Enforcement of charities
The benefits of charitable status
Perpetuities
The cy-près doctrine
Chapter summary
Further reading
22 The trust as a solution to a legal problem
Introduction
Trust property resulting back to the settlor
Resulting trust presumed from the conduct of the settlor/beneficiary
Constructive trusts
Proprietary estoppel
The Pallant v Morgan equity
The remedial constructive trust
The future of the constructive trust
Chapter summary
Further reading
Part 4 Varying and terminating the trust
23 Variation of trusts
Introduction
Variation by adult beneficiaries
Variation by statute
Variation sanctioned by the court
Exercise of the courts’ inherent jurisdiction to vary trusts
Variation on grounds of public policy
Chapter summary
Further reading
24 The termination of trusts
Introduction
Termination by transfer of the trust property to the entitled beneficiary
Termination at the beneficiary’s behest
Trusts being terminated by operation of law
Chapter summary
Further reading
Part 5 Tracing
25 Tracing
Introduction
Tracing at common law
Tracing in equity
Other comments on tracing
Remedies
The future of common law and equitable tracing
Conclusion
Chapter summary
Further reading
Index

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