Equity & Trusts is directed specifically at LLB and GDL students, providing them with all they need to understand the complexities of the English law of equity and trusts in principle and in practice, while also providing them with insights into some of the debates that surround this area of the law.
Written by two authors from Northumbria Law School with extensive experience of teaching this core subject, and with leading practitioner input to reinforce the practical application of equity and trusts, this text sets out to help students appreciate the context behind the subject and become confident in their ability to solve problems.
Equity & Trusts draws on the primary sources of case law and legislation and guides the reader through the early developments of equity to its contemporary relevance. By focusing on the equitable institution of the trust, the book sets out, in clear and accessible language, the formation and function of different trusts, the roles, rights and responsibilities of those involved and the remedies that may be available when things go wrong.
Table of Content
1 Introduction to Equity and the Trust
1.1 Introduction
1.2 What is equity?
1.3 Historical development
1.4 Maxims
1.5 What is a trust?
1.6 The trust today
1.7 Modern uses
1.8 Further reading
2 Creation of Express Trusts
2.1 Introduction
2.2 Capacity
2.3 The three certainties
2.4 Formalities
2.5 Constitution
2.6 Further reading
3 Purpose Trusts
3.1 Introduction
3.2 Distinguishing people trusts and purpose trusts
3.3 Charitable trusts
3.4 Non-charitable purpose trusts
3.5 Further reading
4 Non-express Trusts
4.1 Introduction
4.2 Resulting trusts
4.3 Constructive trusts
4.4 Is the constructive/resulting trustee the same as an express trust trustee?
4.5 The continuing role of unconscionability
4.6 Reforming the law
4.7 Further reading
5 Trustees’ Powers and Duties
5.1 Introduction
5.2 Fiduciaries
5.3 Who may be a trustee?
5.4 The removal and retirement of trustees
5.5 What must trustees do?
5.6 The duty of care
5.7 Trustees’ powers
5.8 Remuneration
5.9 Exclusion from liability
5.10 Further reading
6 Breach of Trust, Tracing and Remedies
6.1 Introduction
6.2 Breach of trust
6.3 Tracing
6.4 Third parties to the trust
6.5 Equitable remedies
6.6 Further reading
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