Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.Less