Cases & Materials on TrustsPsychology Press, 2004 - 677 pages This new edition has been considerably revised to take account of recent major statutory and case law developments. The Contracts (Rights of Third Parties) Act 1999 introduced a significant improvement in the rights of third parties to enforce contracts. The Trustee Delegation Act 1999 and the Trustee Act 2000 have had a profound effect in updating the law concerning trustees' duties and powers. Important new cases covered include: Foskett v Mckeown (tracing); Pragon Finance Ltd v Thakerar (constructive trusts); Air Jamaica v Charlton (resulting trusts); Choithram International v Pagarani (constitution of trusts); Twinsectra Ltd v Yardley (accessory liability); Wight v Olswang (exclusion clauses); Southwood v AG (charities); Schmidt v Rosewood Trust (disclosure of trust documents); Pennington v Waine (gifts of shares); Le Foe v Le Foe (indirect contributions to family assets); Gwembe Valley Development Co Ltd v Koshy (limitation periods); Duggan v Governor of Full Sutton Prison (intention to create a trust); OT Computers Ltd v First National Tricity Finance Ltd (certainty of objects), and many more. Each chapter includes an exposition of the fundamental principles of trusts law in a readable and intelligible form, supplemented by extracts from judgments of leading cases. References to other relevant cases, statutes, articles and official reports are also incorporated where appropriate. |
Contents
HISTORICAL OUTLINES OF EQUITY | 1 |
TRUST CONCEPT | 7 |
EXPRESS PRIVATE TRUSTS AND FORMALITIES | 17 |
7 | 40 |
Further reading | 65 |
EXCEPTIONS TO THE RULE THAT EQUITY WILL | 89 |
DISCRETIONARY TRUSTS | 105 |
PROTECTIVE TRUSTS | 145 |
PRIVATE PURPOSE TRUSTS | 357 |
67 | 374 |
PRIVILEGES | 379 |
DEFINITION AND PUBLIC BENEFIT | 395 |
CLASSIFICATION | 413 |
THE CYPRÈS DOCTRINE | 443 |
APPOINTMENT RETIREMENT AND REMOVAL OF TRUSTEES | 475 |
DUTIES AND POWERS OF TRUSTEES | 489 |