Complete Equity and Trusts: Text, Cases, and Materials

Richard Clements; Ademola Abass

Complete Equity and Trusts: Text, Cases, and Materials (5th edn)

Richard Clements and Ademola Abass

Abstract

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.

Keywords: Chancery, common law, constructive trust, resulting trust, discretionary trust, fiduciary power, estoppel, secret trust, death-bed gift, beneficiary

Bibliographic Information

Publisher:: Oxford University Press

Print Publication Date:: Apr 2018

Print ISBN-13:: 9780198787549

Published online:: Sep 2018

DOI:: 10.1093/he/9780198787549.001.0001

Authors

Richard Clements, author Leader in International Partnerships for Law, University of the West of England, Bristol

Ademola Abass, author Head of the African Centre for Peace and Security Training, Institute for Security Studies, Addis Ababa

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date: 26 February 2021

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Complete Equity and Trusts: Text, Cases, and Materials (5th edn)

Richard Clements and Ademola Abass

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Complete Equity and Trusts: Text, Cases, and Materials (5th edn)

Richard Clements and Ademola Abass

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Contents