Description

Description

Paul Davies and Graham Virgo present a clear and engaging text, cases, and materials approach, providing a contextualized and authoritative account of equity and trusts.

• An expertly selected range of legal extracts is complemented by unparalleled author commentary, providing clear explanation and analysis of the legal principles behind key decisions in a single volume
• Further reading and extensive footnotes encourage students to think critically around the subject and develop relevant research skills
• ‘Central Issues’ listed at the start of chapters outline the key topics covered and help students build a conceptual understanding of the subject
• Scenario-based questions posed at the end of chapters frame the law in its practical context while giving students an opportunity to assess their own level of understanding

New to this edition

• Fully updated to incorporate developments in the law and recent case law including:
• Lewis v Tamplin [2018] on disclosure of trust documents and the rights of beneficiaries
• Burnden Holdings (UK) Ltd v Fielding [2018] on limitation
• Marr v Collie [2017] on common intention constructive trusts
• Main v Giambrone & Law [2017] on remedies for breach of trust
• Ivey v Genting Casinos UK Ltd (t/a Crockfords Club) [2017] on dishonesty
• Akers v Samba Financial Corp [2017] on nature of proprietary interests and rights under trusts
• HMRC v ICT [2017] on unjust enrichment
• Patel v Mirza [2016] on the effect of illegality
• Davies v Davies [2016]on proprietary estoppel
• Charity Commission for England and Wales v Mountstar [2016] on charities

Table of Contents

Part I Introduction to Equity and Trusts

• 1::Introduction to equity
• 2::Introduction to trusts

Part II Express Private Trusts

• 3::The requirements of an express trust

• 4::Creation of express trusts

Part III Purpose Trusts

• 5::Charitable purpose trusts
• 6::Non-charitable purpose trusts

Part IV Non-express Trusts

• 7::Constructive trusts
• 8::Resulting trusts
• 9::Informal arrangements relating to land

Part V Beneficiaries

• 10::Beneficiaries

Part VI Trustees

• 11::General principles relating to trustees
• 12::The administration of trusts
• 13::Dispositive powers and duties
• 14::Fiduciary obligations

Part VII Variation

• 15::Variation of trusts

Part VIII Breach

• 16::Liability for breach
• 17::Personal claims and remedies
• 18::Proprietary claims and remedies
• 19::Third party liability

Part IX Orders

20::Equitable orders