Equity & Trusts – Text, Cases, and Materials | Law Trove

Equity & Trusts: Text, Cases, and Materials (3rd edn)  

Paul S. Davies and Graham Virgo
Published in Print: 24 May 2019 Published Online:September 2019
ISBN: 9780198821830
Publisher:Oxford University Press

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Equity & Trusts: Text, Cases, and Materials provides a guide to the subject by providing analyses of the law of equity and trusts with extracts from cases and materials. This book provides analysis of significant recent key cases including the Supreme Court’s decision in Patel v Mirza where a new approach to determining the impact of the taint of illegality on private law claims was identified, which is of particular significance to claims for breach of trust and the recognition of the resulting trust. Other relevant decisions include: Angove’s Pty Ltd v Bailey, on the recognition of the constructive trust; Akers v Samba Financial Corp, on the nature of proprietary interests and rights under trusts; Ivey v Genting Casinos UK Ltd (t/a Crockfords Club), on the definition of dishonesty; and Burnden Holdings (UK) Ltd v Fielding, on limitation periods. Similarly, the Privy Council has heard important appeals in the area of Equity and trusts: notably Investec Trust (Guernsey) Ltd v Glenala Properties, on trustees and breach of trust and Marr v Collie, on the recognition of the common intention constructive trust. The impact of these developments has meant that there has been particularly significant rewriting of chapter 7 (constructive trusts) and chapter 9 (informal arrangements relating to land), plus significant rewriting of sections in other chapters, especially as to the nature of the rights and interests under a trust and the effect of illegality. The book is made up of nine parts that consider express private trusts, purpose trusts, non-express trusts, beneficiaries, trusties, variation, breach, and orders.

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