| Description |
1 online resource (390 pages) |
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text file |
| Contents |
Cover; A Student's Guide to EQUITY AND TRUSTS; Title; Copyright; CONTENTS; PREFACE; 1: Historical introduction; KEY POINTS; (e) Equity looks to substance and not form; (f) Equity regards that as done which ought to be done; (g) Delay defeats equity; (h) Where equities are equal the first in time prevails; (i) Equity follows the law; 2: Equitable remedies; KEY POINTS; (ii) Inadequacy of damages; (iii) Undue hardship; (iv) Mutuality; (v) Delay; (vi) Lack of clean hands; (b) Specific contracts where specific performance may be awarded; (i) Land. |
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(C) Contracts where specific performance may not be awarded(i) When is such an order inappropriate?; (ii) Contracts for personal services; (iii) Compare; (e) Contracts to carry on a business; (f) Illegal contracts; (g) Mistake, misrepresentation and misdescription; (a) Principles on which an injunction will be granted; (d) Search orders and freezing injunctions; (i) The Anton Piller order (the search order); (ii) What conditions must be satisfied in order for the order to be granted?; (iii) Limitations and restrictions placed on the execution of the order under the Civil Procedure Rules. |
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(I) Can the court grant a worldwide freezing order?(ii) When can the court grant a worldwide freezing order?; 3: The classification of trusts and powers; KEY POINTS; (i) Can the court step in to exercise a fiduciary power?; (ii) Can a donee release the power of appointment?; (c) Fraudulent use of a power; (a) Gifts; (b) Debts; (c) Bailment; (b) Investment schemes; (c) Purpose trusts providing security for the lender; (d) Unincorporated associations; (e) Ownership of land; (f) Charitable trusts; (g) Protective trusts; 4: The three certainties; KEY POINTS. |
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(B) Is the property held as a gift or a trust?(c) Circumstances of the receipt of the property; (e) Can precatory words ever create a trust?; Compare this case; (ii) Unascertained property: Intangible goods; Can a third party decide who is within the class?; Compare the following cases; (c) Gifts subject to a condition precedent; 5: Constitution of trusts; KEY POINTS; (iii) There must be delivery of the property or something symbolic of the property to the donee; What if the donor retains a spare set of keys? |
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(Iv) The property must be capable of forming the subject matter of a donatio mortis causa(d) Proprietary estoppel; 6: Formalities for the creation of a trust; KEY POINTS; (ii) Transfer of shares to the trustees to be held on trust; (d) A declaration of a trust under a will; (e) A disposition of a subsisting equitable interest; (i) What transfers of property do not constitute dispositions of an equitable interest under s.53(1)(c)?; There is no disposition if both the legal and the equitable interest are transferred together; (j) Vandervell v. IRC. |
| Note |
(Ii) There is no disposition where the transfer of the subsisting equitable interest is a specifically enforceable contract. |
| Summary |
Introduces students to the key principles of the law of equity and trust and enhances understanding with effective learning features. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Equity -- England.
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Equity. |
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England. |
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Equity -- Wales.
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Wales. |
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Trusts and trustees -- England.
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Trusts and trustees -- Wales.
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LAW -- Administrative Law & Regulatory Practice. |
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Trusts and trustees. |
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Law. |
| Genre/Form |
Electronic books.
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| Other Form: |
Print version: Bray, Judith. A Student's Guide to Equity and Trusts. Cambridge : Cambridge University Press, ©2012 9780521196307 |
| ISBN |
9781139231787 |
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1139231782 |
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0521152992 |
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9780521152990 |
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1280568941 |
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9781280568947 |
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9781139233323 (electronic book) |
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1139233327 (electronic book) |
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9780511979057 (electronic book) |
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0511979053 (electronic book) |
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9781108628792 (electronic book) |
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1108628796 (electronic book) |
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9780521196307 |
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0521196302 |
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9781139230315 |
| Standard No. |
9786613598547 |
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