Introduction to Equity and Trusts - Revision Guide

· Law Series Book 8 · Transnational Press London
Ebook
175
Pages
Eligible

About this ebook

The greatest contribution to English law has been the concept of a trust and equitable ownership and while its origins date back to the Middle Ages, the use of trusts is alive and well, forming the basis of many settlements. Equity has allowed the Law (in particular Land Law) to grow and develop, providing new rights and remedies, allowing it to evolve and adapt to changing situations and new demands imposed by modern society.

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


About the author

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.

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