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Text, Cases and Materials on Equity and Trusts
About This Book
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:
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- 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.
http://www.routledgecavendish.com/textbooks/9780415442947
Frequently asked questions
Information
Chapter 1
Historical Outlines of Equity
Introduction
Contributions of Equity
- Exclusive jurisdiction (new rights). This category refers to the rights that the Court of Chancery had created and which the common law courts had failed to enforce, for example trusts, mortgages, partnerships, administration of estates, bankruptcy, company law, etc.
- Concurrent jurisdiction (new remedies). Equity developed a wide range of remedies for the enforcement of rights both at law and in equity. They are all discretionary. Examples are:
- specific performance â an order to force the defendant to fulfil his bargain;
- injunctions â an order to restrain a party from committing a wrong;
- rectification â an order requiring the defendant to modify a document to reflect the agreement made with the claimant;
- account â an order requiring a party who has control of money belonging to the claimant to report on the way in which the funds have been spent.
- Auxiliary jurisdiction (new procedures). Procedural rules created by the Court of Chancery were discovery of documents, testimony on oath, subpoena of witnesses and interrogatories (now âdisclosureâ; witness summons; requests for further information).
Court of Appeal in Chancery
Nineteenth century reforms
- the Common Law Procedure Act 1854. This Act permitted the common law courts to grant equitable remedies;
- the Chancery Procedure Amendment Act 1858 (Lord Cairnsâ Act). This Act gave the Court of Chancery power to award damages in addition to or in substitution for an injunction or specific performance.
- the abolition of the separate courts of Queenâs Bench, Exchequer, Common Pleas, Chancery, Probate, the Divorce Court and the Court of Admiralty. Instead, the Supreme Court of the Judicature was created. The High Court was divided into divisions known as the Queenâs Bench, Chancery, and Probate, Divorce and Admiralty (the last was renamed the Family Division, the admiralty jurisdiction being transferred to the Queenâs Bench Division and the probate business transferred to the Chancery Division under the Administration of Justice Act 1970);
- each division of the High Court exercises both legal and equitable jurisdiction. Thus, any point of law or equity may be raised in and determined by any division;
- it was foreseen that a court which applied rules of common law and equity would face a conflict where the common law rules produce one result and equity rules another; for example, s 4 of the Statute of Frauds 1677 (now repealed) enacted that contracts for the sale or other disposition of land must be evidenced in writing. The strict common law rule was rigidly adhered to whether this produced unjust results or not. Equity adopted a notion of part performance which entitled the court to intervene in order to prevent fraud even though all the terms of the contract were not in writing.
Judicature Act 1873, s 25(11)
MCC Proceeds Inc v Lehman Bros International [1998] 4 All ER 675, CA
Maxims of equity
Equity will not suffer a wrong to be without a remedy
Equity follows the law
Where there is equal equity, the law prevails
Where the equities are equal, the first in time prevails
He who seeks equity must do equity
He who comes to equity must come with clean hands
Delay defeats equity (equity aids the vigilant and not the indolent)
Equality is equity
Equity looks at the intent rather than the form
Equity imputes an intention to fulfil an obligation
Equity regards as done that which ought to be done
Equity acts in personam
Further Reading
Table of contents
- Cover
- Half Title
- Title
- Copyright
- CONTENTS
- PREFACE TO FOURTH EDITION
- ACKNOWLEDGMENTS
- TABLE OF CASES
- TABLE OF STATUTES
- TABLE OF STATUTORY INSTRUMENTS
- 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: THE 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 BENEFIT
- 16 CHARITABLE TRUSTS: CLASSIFICATION OF CHARITABLE PURPOSES
- 17 CHARITABLE TRUSTS: CY-PRĂS DOCTRINE
- 18 APPOINTMENT, RETIREMENT AND REMOVAL OF TRUSTEES
- 19 DUTIES AND POWERS OF TRUSTEES
- 20 VARIATION OF TRUSTS
- 21 BREACH OF TRUST
- 22 INJUNCTIONS
- 23 SPECIFIC PERFORMANCE
- 24 RECTIFICATION
- 25 RESCISSION
- 26 ACCOUNT