Book Description

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