Text, Cases and Materials on Equity and Trusts  book cover
4th Edition

Text, Cases and Materials on Equity and Trusts

ISBN 9780415442947
Published July 25, 2008 by Routledge-Cavendish
752 Pages

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Book Description

Text, Cases and Materials on Equity and Trusts has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments.

The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter.

New to this edition:

  • is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006
  • important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of position defence), AG for Zambia v Meer Care & Desai (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), Templeton Insurance v Penningtons Solicitors (Quistclose trust and damages) and many more
  • are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account
  • are extracts from the Law Commission’s Reports and consultation papers on ‘Sharing Homes’ and ‘Trustee Exemption Clauses’ as well as key academic literature and debates.

The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources.

A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions.



Table of Contents

1. Historical Outlines of Equity  2. Trust Concept  3. Express Private Trusts and Formalities  4. Constitution and Effect of an Express Trust  5. Exceptions to the Rule that Equity will not Perfect an Imperfect Gift  6. Discretionary Trusts  7. Protective Trusts  8.  Resulting Trusts  9. Constructive Trusts: Conflict of Duty and Interest  10. Constructive Trusts: Family Home  11. Constructive Trusts: Strangers as Constructive Trustees  12. Secret Trusts and Mutual Wills  13. Private Purpose Trusts  14. Charitable Trusts: Privileges  15. Charitable Trusts: Definition and Public Interest  16. Charitable Trusts: Classification of Charitable Trusts  17. Charitable Trusts: Cy-Pres Doctrine  18. Appointment, Retirement and Removal of Trustees  19. Duties and Powers of Trustees  20. Variation of Trusts  21. Breach of Trusts  22. Injunctions  23. Specific Performance  24. Rectification  25. Rescission  26. Account

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Mr Mohamed Ramjohn LLB, LLM, ATII, JP is a Principal Lecturer in Law at Thames Valley University and a Justice of the Peace at Brent Magistrates Court. He has served as external examiner for the Bar Council and Coventry University. He is the author of seven student books on The Law of Trusts and Revenue Law and has published a wide selection of articles on Equity and Evidence