Equity and Trusts

Katharine Davies, Sue Farran

• Publisher: Hall & Stott
• Year: 2019
• Print ISBN: 9780995653085
• eBook ISBN: 9780995653092
• Edition: 2
• Topic: Law
• Subtopic: Civil Law
• Index: Law

New for this edition• new diagrams to aid student understanding of complex issues• expanded chapter on breach of trust, tracing and remedies• full review and update to reflect recent case law, including: Ong v Ping (2017) and North v Wilkinson (2018) on the creation of express trusts; Culliford v Thorpe (2018) on common intention constructive trusts and proprietary estoppel; Marr v Collie (2017) on common intention constructive trusts; Lewis v Tamplin (2018) on the beneficiaries' right to receive information from the trustees; Daniel v Tee (2016) on trustees' power of investment and the Trustee Act 1925, s 61; Barnsley v Noble (2016) on exemption clauses; Burnden Holdings v Fielding (2018) on limitation; Davies v Davies (2016) on proprietary estoppel; Clydesdale Bank v Workman (2016) on dishonest assistance; Bathurst v Bathurst (2016) and Gelber v Sunderland Foundation (2018) on variation of trusts; and Main v Giambrone (2017) on equitable compensation• discussion of reform proposals, including Law Commission Initiation, 'Modernising Trust Law for a Global Britain' (2019); House of Commons Briefing Paper No 03372, '"Common Law Marriage" and Cohabitation' (2018); Law Commission Consultation, 'Making a Will' (2017)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.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 contents

• Preface
• Contents
• Table of Cases
• Table of Legislation
• Introduction to Equity and the Trust
• Creation of Express Trusts
• Purpose Trusts
• Non-express Trusts
• Trustees’ Powers and Duties
• Breach of Trust, Tracing and Remedies
• Index