This has led to a debatable ‘fusion’ between the Common Law and Equity giving rise to a single coherent body of law. In reality, it is best to think of two systems or streams of law sitting side by side and giving effect to the law as it stands today. As the origin of the claim or right can affect the remedy available and through a process of evolution, some equitable principles have been absorbed into the Common Law as distinct rights. Therefore, thinking of Law and Equity as totally separate and distinct will only hinder the understanding of both, and impede the development of English Law.
This book is superbly outlined with clear learning outcomes. It undoubtedly provides a practical overview of Equity and Trusts. It will be an indispensable source for law students.
- Professor Özgür H. Çınar, Deputy Head of School of Law and Criminology, University of Greenwich, UK
CONTENTS:
CHAPTER I. INTRODUCTION: HISTORY, SOURCES AND TRUSTS
CHAPTER II. THE THREE CERTAINTIES
CHAPTER III. FORMALITIES OF A TRUST
CHAPTER IV. THE CONSTITUTION OF A TRUST
CHAPTER V. DEATHBED GIFTS
CHAPTER VI. THE BENEFICIARY PRINCIPLE
CHAPTER VII. THE PERPETUITY PRINCIPLE
CHAPTER VIII. UNINCORPORATED ASSOCIATIONS
CHAPTER IX. CHARITABLE TRUSTS
CHAPTER X. DOCTRINE OF CY-PRÈS
CHAPTER XI. IMPLIED TRUSTS AND TRUSTS IN THE FAMILY HOME
CHAPTER XII. PROPRIETARY ESTOPPEL
CHAPTER XIII. QUISTCLOSE TRUSTS
CHAPTER XIV. SECRET TRUSTS
CHAPTER XV. TRUSTEE POWERS AND DUTIES
CHAPTER XVI. FIDUCIARY DUTIES
CHAPTER XVII. STRANGERS TO A TRUST/THIRD PARTY LIABILITY
CHAPTER XVIII. TRACING TRUST PROPERTY
CHAPTER XIX. REMEDIES
SUMMARY: SAMPLE TEST QUESTIONS
Dr Justin Brunskell is a Senior Lecturer in law at the University of Greenwich having taught Equity and Trusts amongst other subjects, specialising in property law of all types, for a number of years. He received his doctorate from Queen Mary University of London in 2022, specialising in intellectual property law.