Equity and Trusts Directions is written in an informal, engaging and lively manner with an emphasis on explaining the key topics covered on equity and trusts courses with clarity. The text is aimed at engaging the reader's imagination through the use of diagrams, charts and references to extra-legal materials including news items and extracts from artistic, including literary, works. The substantive content of the text is designed to elucidate the relationship between equity, trusts, property, contract, and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially-significant role of trusts and equity. A number of learning features are used throughout the text encouraging students to engage with the subject-matter, test their knowledge and check their understanding of the law. These features include self-assessment questions and exercises, chapter summaries, diagrams, and guides to further reading.Recent developments include: Charities Act 2006; Law Commission work on Cohabitation and Trustee Exemption Clauses, 2006; Re Farepak Foods (2006); Re Horley Town Football Club (2006); Barlow Clowes International Ltd.
v Eurotrust International Ltd (2006); Charter plc v City Index Ltd (2007); Stack v Dowden (HL, 2007).
Table of Contents
1. Introduction to Equity and Trusts; 2. Understanding Trusts; 3. Capacity and Formailty Requirements; 4. Certainty Requirements; 5. The Constitution of Trusts; 6. Public Policy Limitations on the Formation of Trusts; 7. Purpose Trusts; 8. Charitable Trusts; 9. Variation of Trusts; 10. Trustee Appointments; 11. The Nature of Trusteeship; 12. Trustees' Duties; 13. Maintenance and Advancement; 14. Investment; 15. Breach of Trust: Defences and Relief; 16. Resulting and Constructive Trusts; 17. Informal Trusts of Land; 18. Tracing; 19. The Equitable Liability of Strangers to the Trust; 20. Equitable Doctrines and Remedies