Equity and trusts / / John Duddington

• Record Nr.: UNINA9910154808503321
• Autore: Duddington John
• Pubbl/distr/stampa: Harlow, England : , : Pearson Education Limited, , [2014]; ©2014
• ISBN: 1-4082-7730-1
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (441 pages) : illustrations
• Collana: Always Learning
• Disciplina: 346.42004
• Soggetti: Equity - Wales; Trusts and trustees - England; Equity - England
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Includes index.
• Nota di bibliografia: Includes bibliographical references at the end of each chapters and index.
• Nota di contenuto: Cover -- Contents -- Tables of cases and statutes -- Acknowledgement -- How to use this guide -- What is a Blueprint? -- Introduction -- Study skills -- Part 1 Equity: general principles -- 1 Nature of equity -- Setting the scene -- WHAT DOES EQUITY DO? -- HOW AND WHY DID EQUITY DEVELOP? -- EQUITY AND COMMON LAW -- EQUITY TODAY -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 2 Equitable remedies and doctrines -- Setting the scene -- MAIN PRINCIPLES ON WHICH EQUITABLE REMEDIES ARE GRANTED AND WITHHELD -- INJUNCTIONS -- FREEZING ORDERS -- SEARCH ORDERS -- SPECIFIC PERFORMANCE -- EQUITABLE DAMAGES -- RESCISSION -- RECTIFICATION -- EQUITABLE DOCTRINE: UNDUE INFLUENCE -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- Part 2 Trusts: nature of a trust and creation of express trusts -- 3 The concept of a trust -- Setting the scene -- WHAT IS A TRUST? -- ESSENTIAL CHARACTERISTICS OF A TRUST -- ORIGIN OF THE TRUST -- MAIN USES TO WHICH TRUSTS ARE PUT TODAY -- THE CONCEPT OF EQUITABLE OWNERSHIP -- THE EQUITABLE PROPRIETARY INTEREST -- TRUSTS AND CONTRACTS -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 4 Creating the trust: certainties -- Setting the scene -- INTRODUCTION -- CERTAINTY OF INTENTION: IS THERE A TRUST? -- CERTAINTY OF SUBJECT MATTER: IF ; THERE IS AN INTENTION TO CREATE A TRUST, THEN WHAT IS IT OF? -- THE APPROACH IN HUNTER V. MOSS -- CERTAINTY OF OBJECTS AND TRUSTS -- CERTAINTY OF OBJECTS AND POWERS OF APPOINTMENT -- TRUSTS AND THE RULES CONCERNING REMOTENESS OF VESTING -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 5 Creating the trust: formalities -- Setting the scene -- INTRODUCTION -- DECLARATION OF A TRUST OF LAND OR OF AN INTEREST IN LAND -- DISPOSITIONS OF EQUITABLE INTERESTS -- OPERATION OF SECTION 53(1)(B) AND SECTION 53(1)(C) -- KEY POINTS -- CORE CASES AND STATUTES.; FURTHER READING -- 6 Completely and incompletely constituted trusts -- Setting the scene -- INTRODUCTION -- WHAT DOES THE TERM 'COMPLETELY CONSTITUTED' MEAN? -- WHEN IS A TRUST COMPLETELY CONSTITUTED? -- TWO SITUATIONS WHERE EQUITY RELAXES THE RULES ON CONSTITUTION OF A TRUST -- INCOMPLETELY CONSTITUTED TRUSTS: WHAT IS AN INCOMPLETELY CONSTITUTED TRUST? -- CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 -- EXCEPTIONS TO THE RULE THAT EQUITY WILL NOT PERFECT AN IMPERFECT GIFT -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 7 Creating the trust: secret and half secret trusts -- mutual wills -- Setting the scene -- INTRODUCTION: AN OUTLINE OF THE LAW OF WILLS -- SECRET AND HALF SECRET TRUSTS -- REQUIREMENTS FOR THE VALIDITY OF A SECRET TRUST -- REQUIREMENTS FOR THE VALIDITY OF A HALF SECRET TRUST -- BASIS ON WHICH EQUITY ENFORCES SECRET AND HALF SECRET TRUSTS -- SECRET AND HALF SECRET TRUSTS AND THE FORMALITIES REQUIRED FOR THE MAKING OF WILLS -- SECRET AND HALF SECRET TRUSTS IN SITUATIONS OTHER THAN WILLS -- OTHER RULES APPLICABLE ONLY TO HALF SECRET TRUSTS -- QUESTIONS APPLICABLE TO BOTH SECRET AND HALF SECRET TRUSTS -- MUTUAL WILLS -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- Part 3 Resulting trusts, constructive trusts, trusts of the home -- 8 Resulting trusts -- Setting the scene -- WHAT IS MEANT BY A RESULTING TRUST? -- SITUATIONS WHERE A RESULTING TRUST CAN ARISE -- BASIS OF THE RESULTING TRUST -- PURCHASE OF PROPERTY IN THE NAME OF ANOTHER OR IN THE JOINT NAMES OF THE PURCHASER AND ANOTHER -- REBUTTING THE PRESUMPTION OF ADVANCEMENT -- THE QUISTCLOSE TRUST -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 9 Constructive trusts -- proprietary estoppel -- Setting the scene -- INTRODUCTION -- CONSTRUCTIVE TRUSTS -- FIDUCIARIES AND CONSTRUCTIVE TRUSTS -- WHERE A STATUTE HAS BEEN USED AS AN ENGINE OF FRAUD.; THE REMEDIAL CONSTRUCTIVE TRUST -- PROPRIETARY ESTOPPEL -- UNJUST ENRICHMENT -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 10 Trusts of the home -- Setting the scene -- INTRODUCTION -- THE DEVELOPMENT OF THE LAW UNTIL STACK V. DOWDEN -- THE PRESENT LAW -- APPROACHES OF OTHER JURISDICTIONS -- THE FUTURE OF THE LAW ON TRUSTS OF THE HOME -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- Part 4 Trusts for purposes -- 11 Charitable trusts -- Setting the scene -- INTRODUCTION -- TYPES OF CHARITABLE ORGANISATIONS -- REGISTRATION AS A CHARITY -- CHARITABLE PURPOSES RECOGNISED UNDER THE CHARITIES ACT 2011 -- CHARITABLE PURPOSES UNDER THE CHARITIES ACT 2011 IN DETAIL -- THE REQUIREMENT THAT CHARITIES MUST BE FOR THE PUBLIC BENEFIT -- POLITICAL TRUSTS -- THE OBJECTS OF THE TRUST MUST BE EXCLUSIVELY CHARITABLE -- FAILURE OF CHARITABLE GIFTS -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 12 The beneficiary principle and non-charitable-purpose trusts -- Setting the scene -- INTRODUCTION -- ; WHY ARE TRUSTS FOR NON-CHARITABLE PURPOSES GENERALLY HELD TO BE VOID? -- VALID NON-CHARITABLE-PURPOSE TRUSTS AND THE RULE AGAINST INALIENABILITY -- TRUSTS EXPRESSED FOR A PURPOSE BUT WHICH ARE REALLY FOR THE BENEFIT OF INDIVIDUALS -- GIFTS TO UNINCORPORATED ASSOCIATIONS -- DISPOSAL OF SURPLUS FUNDS OF UNINCORPORATED ASSOCIATIONS -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- Part 5 Management of trusts and breach of trust -- 13 Trusteeship -- Setting the scene -- TRUSTEES: WHO CAN BE ONE AND HOW ARE THEY APPOINTED? -- PROTECTION OF PURCHASERS -- DUTIES AND POWERS OF TRUSTEES -- EXERCISE OF TRUSTEES' DISCRETION -- POWER OF DELEGATION -- FIDUCIARY NATURE OF TRUSTEESHIP -- PARTICULAR POWERS OF TRUSTEES -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 14 Duty of investment -- Setting the scene.; WHAT IS AN INVESTMENT? -- STATUTORY INVESTMENT POWERS UNDER THE TRUSTEE ACT 2000 -- APPLICATIONS TO THE COURT FOR WIDER INVESTMENT POWERS THAN THOSE IN THE TRUST INSTRUMENT -- MEASURE OF LIABILITY OF TRUSTEES FOR BREACH OF THEIR DUTY TO INVEST TRUST FUNDS PROPERLY -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 15 Management of changes to the beneficial entitlement -- Setting the scene -- POWERS OF MAINTENANCE AND ADVANCEMENT -- RELATIONSHIP BETWEEN STATUTORY POWERS AND POWERS CONTAINED IN THE TRUST INSTRUMENT -- POWER OF MAINTENANCE -- POWER OF ADVANCEMENT -- REFORM IN THIS AREA -- VARIATION OF TRUSTS -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- 16 Breach of trust and remedies -- Setting the scene -- INTRODUCTION -- REMEDIES OF THE BENEFICIARY: A SUMMARY -- PERSONAL REMEDIES -- REMEDIES AGAINST THIRD PARTIES -- TRUSTEE DE SON TORT -- TRACING -- LIABILITY OF INDIVIDUAL TRUSTEES -- EXEMPTION CLAUSES AND TRUSTEES -- PROTECTION OF TRUSTEES -- KEY POINTS -- CORE CASES AND STATUTES -- FURTHER READING -- Glossary -- Index.
• Sommario/riassunto: Blueprints provide a unique plan for studying the law, giving a visual overview of the vital building blocks of each topic and the various outside influences that come together in the study of law. This series enables the reader to place everything within memorable context and is useful in providing an overview of the law. Each text offers a clear understanding of legal study and an engaging introduction to each subject; presenting the study of law as both an academic subject and a force in society. The texts map to undergraduate law degree programmes and are tailored for use harmoniously alongside core law material.