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The Law of Trusts

Geriant Thomas, Alaistair Hudson

ISBN13: 9780198298946

ISBN: 0198298943

New Edition ISBN: 9780199550289

Published: November 2004

Publisher: Oxford University Press

Country of Publication: UK

Format: Hardback

Price: Out of print

This is a major new reference work on the law of trusts, providing comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice.

The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts.

Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and;trusts of land.

This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.

Subjects:: Equity and Trusts

Contents:: BOOK ONE:; GENERAL PRINCIPLES; PART 1:; INTRODUCTION TO THE LAW OF TRUSTS; 1. Introduction: The Scope of the Book; 2. The Nature of the Trust; PART 2:; EXPRESS PRIVATE TRUSTS; 3. The Creation of an Express Private Trust; 4. The Constitution of an Express Private Trust; 5. The Beneficiary Principle; 6. The Interpretation of Trusts; 7. Trusts with Unlawful Purposes; 8. Trusts and Creditors; 9. Nature of Beneficiaries' Rights and Interests Under, and Forms of, Express Private Trusts; PART 3:; THE DUTIES AND POWERS OF TRUSTEES; 10. Appointment etc. of Trustees; 11. The Duties of Trustees; 12. Powers of Trustees; PART 4:; THE VARIATION OF TRUSTS; 13. The Variation of Trusts; PART 5:; JUDICIAL REVIEW OF TRUSTEES' ACTIONS; 14. Control of Express Trustees; PART 6:; TRUSTS IMPLIED BY LAW; 15. Resulting Trusts; 16. Constructive Trusts - Introductory; 17. Constructive Trusts in Response to Unconscionable Behaviour; 18. Constructive Trusts to Enforce Agreements; 19. Constructive Trusts in Response to Abuse of Fiduciary Position; 20. Intermeddlers with the Trust Construed to be Liable as Though Trustees; 21. Secret Trusts; 22. Equitable Proprietary Claims, Estoppel, and Quasi-Trusts; PART 7:; BREACH OF TRUST; 23. Trustees' Liability for Breach of Trust; 24. Liability of Strangers to the Trust; 25. Tracing at Common Law and in Equity; BOOK TWO:; SPECIFIC TRUSTS; PART 8:; PRIVATE CLIENT TRUSTS; 26. Interest in Possession Trusts; 27. Discretionary Trusts; 28. Accumulation and Maintenance Trusts; 29. Will Trusts; PART 9:; INSOLVENCY AND TRUSTS; 30. Asset Protection Trusts; 31. Quistclose Trusts; 32. Retention of Title; PART 10:; INTERNATIONAL TRUSTS; 33. International Recognition of Trusts; 34. Conflict of Laws and Trusts; 35. Jurisdiction and Enforcement of Foreign Judgments; 36. Offshore Purpose Trusts; PART 11:; OCCUPATIONAL PENSION FUND TRUSTS; 37. Structure of Occupational Pension Provision - Trust and Contract; 38. Creation; 39. Interests and Rights of Members and Beneficiaries in the Pension Fund; 40. Duties and Powers of Pension Fund Trustees; 41. Surpluses; PART 12:; TRUSTS IN FINANCIAL TRANSACTIONS; 42. Introduction: The Use of Trusts in Financial Transactions; 43. Trusts Used to Take Security in Financial Transactions; 44. Trusts of Financial Instruments; 45. Trustees in Relation to Debt Securities; 46. Trustees in Collective Investment Schemes; 47. Private Trusts for Investment Purposes; 48. Trusts as Contracts in Financial Transactions; PART 13:; TRUSTS IMPLIED IN COMMERCIAL CONTEXTS; 49. Fiduciary Liability in Commercial Situations; 50. Trusts and the Termination of Contracts; PART 14:; TRUSTS OF LAND AND OF THE HOME; 51. Trusts of the Family Home; 52. Trusts of Land