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Equity and Trusts

Book Description

Atkins' Equity and Trusts is an ideal choice for all undergraduate and GDL students looking for a comprehensive yet accessible core textbook. The author’s clear writing style and focus on modern case law demystify difficult concepts and help to bring this complicated and dry subject to life.
The author provides students with a clear understanding of the law through the use of vital pedagogic methods such as flow-charts, diagrams and highlighted text-boxes, whilst keeping the focus on recent case law. Equity and Trusts is shown to be a live, growing and developing subject, with an important historical underpinning that ensures students gain a sound grasp of key material and understand both its history and current application.

Features include:
• As you read aids deeper understanding by highlighting key points to bear in mind whilst working through each chapter
• Key learning points help students clarify complex issues and draw attention to important concepts
• Explaining the law assists in placing principles in a wider context by focussing attention on important individual cases
• Key Glossary terms help readers through by providing on the spot definitions of key terms
• Useful things to read signposts the way to further understanding and higher marks by providing an invaluable annotated guide to primary and secondary further reading

Scott Atkins (LLB, Dip LP, FHEA, Solicitor (non-practising)is a Senior Lecturer in Law at the University of Derby and a Visiting Professor at the Institute of Law, Jersey. Scott has enjoyed teaching both Contract Law and Equity & Trusts to students for a number of years and views learning law as a partnership between student and tutor.



Table of Contents

  1. Cover
  2. Half Title
  3. Full Title
  4. Copyright
  5. Outline Contents
  6. Contents
  7. Preface
  8. Table of Cases
  9. Table of UK Legislation
  10. Table of Statutory Instruments
  11. Table of European and International Legislation
  12. Guide to the Companion Website
  13. List of Figures
  14. 1 Equity: Its Meaning, History and Maxims
    1. ‘Equity’ — What is it?
    2. Our Civil Court System in the Twenty-First Century
    3. History of Equity
    4. Coming Full Circle — Back to the Twenty-First Century
    5. Equity’s Guiding Principles — Its Maxims
    6. Points to Review
    7. Useful Things to Read
  15. 2 Classification of Trusts and Powers
    1. The Trust
    2. Definition
    3. Where It All Began ...
    4. Split Ownership
    5. The Different Types of Trust
    6. What Type of Property Can Be Left on Trust?
    7. The Express Trust
    8. Powers of Appointment
    9. Points to Review
    10. Useful Things to Read
  16. 3 Implied Trusts
    1. The Background to Implied Trusts
    2. Implied Trusts — A Definition
    3. The Constructive Trust
    4. Points to Review
    5. Useful Things to Read
  17. 4 Trust Formation: Capacity and Formalities
    1. The Fundamental Requirements Needed to Form an Express Trust
    2. Trust Property
    3. Capacity
    4. Formalities
    5. Formality Requirements on the Declaration of a Trust
    6. Formality Requirements on the Disposition of an Equitable Interest
    7. Points to Review
    8. Useful Things to Read
  18. 5 Trust Formation: The Three Certainties
    1. Formation of an Express Trust
    2. The Three Certainties
    3. Certainty of Intention
    4. Certainty of Subject Matter
    5. Certainty of Object
    6. Fixed Trusts
    7. Discretionary Trusts
    8. Points to Review
    9. Useful Things to Read
  19. 6 Trust Formation: The Beneficiary Principle
    1. Definition of the Beneficiary Principle
    2. Exceptions to the Beneficiary Principle
    3. Summary
    4. Points to Review
    5. Useful Things to Read
  20. 7 Constitution of a Trust
    1. Constituting the Trust and the Relationship with Creating a Trust
    2. Constitution of a Trust
    3. When is a Trust Completely Constituted?
    4. How a Trust is Completely Constituted
    5. Points to Review
    6. Useful Things to Read
  21. 8 Trustees’ Appointment and Removal; Trustees’ Fiduciary Duties
    1. Role of a Trustee
    2. Appointment of Trustees
    3. Termination of Trusteeship
    4. Managing the Trust
    5. The Trustee’s Fiduciary Duties
    6. Points to Review
    7. Useful Things to Read
  22. 9 Trustees’ Non-Fiduciary Duties and Powers
    1. Fiduciary Duties, Non-Fiduciary Duties and Powers
    2. Non-Fiduciary Duties
    3. Trustees’ Powers
    4. Duty of Care and Skill Required of a Trustee
    5. Points to Review
    6. Useful Things to Read
  23. 10 Variation of a Trust and Setting a Trust Aside
    1. Variation of a Trust
    2. Circumstances When a Trust Can Be Varied Today
    3. Setting a Trust Aside
    4. Points to Review
    5. Useful Things to Read
  24. 11 Secret Trusts, Half-Secret Trusts and Mutual Wills
    1. Secret Trusts and Half-Secret Trusts
    2. Fully Secret Trusts
    3. Half-Secret Trusts
    4. Mutual Wills
    5. Points to Review
    6. Useful Things to Read
  25. 12 Remedies for Breach of Trust Against Trustees
    1. Breach of Trust
    2. Monetary Remedies Available for Breach of Trust
    3. Exclusion of Liability for Breach of Trust
    4. Defences and Mitigating Circumstances for Breach of Trust
    5. Points to Review
    6. Useful Things to Read
  26. 13 Tracing and Actions Against Strangers to the Trust
    1. Tracing
    2. Tracing v Following
    3. Tracing at Common Law
    4. Tracing in Equity
    5. Actions Against Strangers to the Trust
    6. Points to Review
    7. Useful Things to Read
  27. 14 Trusts of the Family Home
    1. The Typical Scenario
    2. The Leading Case Today: Lloyds Bank v Rosset
    3. Quantification of the Equitable Interest
    4. Summary
    5. Points to Review
    6. Useful Things to Read
  28. 15 Charities
    1. Background
    2. Charity Administration
    3. The Charity Commission
    4. Definition of a Charity
    5. First Requirement of Charitable Status: There Must Be a Charitable Purpose
    6. Second Requirement of Charitable Status: There Must Be Public Benefit
    7. Third Requirement of Charitable Status: The Objects Must Be Exclusively Charitable
    8. Points to Review
    9. Useful Things to Read
  29. 16 Cy-près
    1. Definition of Cy-près
    2. Exceptions to Cy-près
    3. Cy-près and General Charitable Intention
    4. Charities Act 2011, s 62
    5. Charities Act 2011, s 63
    6. Points to Review
    7. Useful Things to Read
  30. 17 Equitable Remedies and Proprietary Estoppel
    1. Equitable Remedies
    2. Proprietary Estoppel
    3. Points to Review
    4. Useful Things to Read
  31. Index