Equity and Trusts, 4th edition

Published by Pearson (July 2, 2020) © 2020

  • Sukhninder Panesar Buckinghamshire New University

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Explore and understand the underlying principles of equity & trusts

Equity & Trusts (Longman Law series), 4th Edition, by Sukhninder Panesar, conveys the principles of equity and trusts in an engaging manner. Key academic debates and theoretical aspects of the subject are considered throughout this book — equipping the undergraduate readers with an understanding of what the law is and why it is so.

Written firmly with the undergraduate or GDL student in mind, Equity and Trusts brings the subject to life, and includes the following features to help reinforce knowledge:

  • Setting the scene sections, which provide context for each topic area
  • Applying the law boxes, which illustrate how the legal principles discussed could apply to problem scenarios
  • Key citation and key statute boxes which highlight, and discuss, important caselaw or legislation
  • Moot points, which promote deeper understanding by encouraging the student reader to take and argue a position using their knowledge of the law

This edition has been fully updated with all significant legal developments in this area, including:

  • The Court of Appeal in Group Seven Limited & Ors v Notable Services LLP (2019), examining the definition of dishonesty

  • The decision in Lewis v Tamplin (2018), in the context of a beneficiary’s right to inspect trust documents 

  • The Privy Council in Marr v Collie (2018), looking at whether a common intention constructive trust can arise in a commercial setting as opposed to a family domestic setting

  • Donatio mortis causa the decision in Keeling v Keeling (2017)

  • The Inheritance (Provision for Family and Dependants) Act 1975, the decision of the Supreme Court in Ilott v Motson (2017), considering the correct approach to determine the award for financial provision under the 1975 Act

  • The decision in Santander UK v RA Legal Services (2014) and the decision in Dreamvar (UK) Ltd v Mischon de Reya (2018)

Preface

Table of cases

Table of statutes

 

Part I Introduction to equity and trusts

1 Introduction to equity

2 The trust concept

3 The trust distinguished from other legal concepts

 

Part II Creating the trust relationship

4 The three certainties

5 Formalities

6 Constitution of trusts

7 Secret trusts and mutual wills

8 The beneficiary principle

9 Illegality and public policy

 

Part III Trusts implied by law

10 Resulting trusts, part I: Nature of resulting trusts

11 Resulting trusts, part II: Imposing resulting trusts

12 Constructive trusts, part I: Nature of constructive trusts

13 Constructive trusts, part II: Imposing constructive trusts

14 Constructive trusts, part III: Imposing constructive trusts – intermeddling with trust property

 

Part IV The administration of trusts

15 Introduction to trusteeship appointment, removal and retirement

16 Investment of trust funds

17 Fiduciary nature of trusteeship

18 Powers of trustees

19 Variation of trusts

Part V Breach of trust and remedies

20 Breach of trust and personal remedies

21 Tracing and a proprietary claim

 

Part VI Charities and charitable trusts

22 Charities and charitable trusts

23 The cy-près doctrine

Index

 

Sukhninder Panesar is Head of Law at the University of Wolverhampton, with over 20 years of teaching experience.  

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