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Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn

Edited by: Joshua Getzler

ISBN13: 9780406964403
ISBN: 0406964408
Published: October 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £99.00

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Edward Burn is the doyen of property and trust lawyers in this country. His masterly texts on land law and equity and trusts have formed the minds of generations of lawyers. Judges, professors and practising lawyers all depend on Burn's crystalline analyses to make sense of the law.

In this festschrift, appellate judges, academic lawyers and practitioners, including many of the leading property and equity experts of England, have joined to celebrate Edward Burn's career as a searching writer and brilliant teacher.

The essays in the volume cover a wide terrain of topics including: the rationality of English land law; the nature of proprietary estoppel; the essential attributes of trusts and how they can be exported to Civilian systems; the nature of joint trustee liability; the relationship between restitution and equity; the relationship of fiduciary law to trusts; the standard of care in nuisance; the duty of care in will drafting; and form and substance in tax, lease and mortgage law.

The book will interest practising lawyers and academics concerned with property, trusts and equity, and commercial law.

Property Law
1. Trusts: The Inessentials
2. Usucapio and the Law of Trusts
3. Formality and Informality in Property and Contract
4. The Motive, Not the Deed
5. Restitution Through the Looking Glass: Restitution Within Equity and Equity Within Restitution
6. Professional Liability in the Will-Making Process
7. Form and Substance
8. Tackling Avoidance
9. Registered Land - A Law Unto Itself?
10. The Rhetoric of Realty
11. Roman and English Prescription for Incorporeal Property
12. Reading Roman Law with Edward Burn