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| Table of cases | |
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| Table of statutes | |
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| Table of statutory instruments | |
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| Equity | |
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| An Introduction to Equity | |
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| The relevance of Equity | |
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| What is Equity? | |
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| A brief history of Equity | |
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| The contemporary contribution of Equity to English law | |
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| Fundamental features of Equity | |
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| Should Equity be assimilated into the Common Law? | |
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| The Characteristics of Equity | |
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| Fundamental principles | |
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| Equity is discretionary | |
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| Equity is triggered by unconscionability | |
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| Those who seek Equity must do Equity | |
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| Those who come to Equity must come with clean hands | |
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| Equity treats as done that which ought to be done | |
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| Equity protects the weak and vulnerable | |
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| Equity is cynical | |
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| Equity is imaginative | |
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| Equity follows the law | |
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| Equity looks to substance rather than form | |
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| Equity will not assist a volunteer | |
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| Equity assists the diligent | |
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| Equity is equality | |
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| Equity acts in personam | |
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| An Introduction to the Trust | |
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| General considerations | |
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| Definition of the trust | |
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| Fundamental principles relating to the trust | |
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| Functions of the trust | |
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| Rights and interests under a trust | |
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| Classifications of trusts | |
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| Distinguishing trusts from other concepts | |
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| The Express Trust | |
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| The Requirements of an Express Trust | |
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| Fundamental principles | |
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| Intention to create a trust | |
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| Identifiable subject matter | |
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| Certainty of objects | |
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| The beneficiary principle | |
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| The perpetuity rule | |
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| Formalities | |
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| General considerations | |
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| Formalities for trust creation | |
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| Formalities for the constitution of trusts | |
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| Purpose Trusts | |
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| Charitable Trusts | |
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| General considerations | |
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| Charities Act 2011 | |
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| Charitable purposes | |
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| Exclusively charitable | |
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| Cy-pr�s | |
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| Non-Charitable Purpose Trusts | |
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| General considerations | |
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| Exceptional circumstances under which non-charitable purpose trusts are valid | |
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| Other mechanisms for implementing non-charitable purposes | |
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| Unincorporated associations | |
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| Imposed Trusts | |
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| Resulting Trusts | |
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| General considerations | |
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| Presumed resulting trusts | |
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| Total or partial failure of express trust | |
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| The Quistclose trust | |
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| Expansion of the resulting trust | |
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| Constructive Trusts | |
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| Fundamental principles | |
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| Types of constructive trust | |
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| Circumstances in which an institutional constructive trust will be recognized | |
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| The remedial constructive trust | |
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| The nature of constructive trusteeship | |
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| Informal Arrangements Relating to Property | |
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| General considerations | |
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| Common intention constructive trusts | |
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| Joint venture constructive trusts | |
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| Proprietary estoppel | |
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| Beneficiaries | |
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| Beneficiaries | |
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| General considerations | |
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| Nature of a beneficiary's rights | |
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| Disposition of equitable interest | |
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| Termination of the trust | |
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| Trustees and their Responsibilities | |
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| Trustees | |
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| General considerations | |
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| The essence of trusteeship | |
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| Types of trustee | |
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| Appointment of trustees | |
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| Retirement | |
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| Removal | |
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| Payment to trustees | |
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| Exercise of powers | |
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| The Administration of Trusts | |
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| General considerations | |
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| The duty of care | |
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| Duty to safeguard trust assets | |
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| Duty to invest | |
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| Duty to maintain a fair balance between beneficiaries | |
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| Powers and duties relating to property | |
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| The power of delegation | |
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| Duty to keep accounts | |
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| Powers to compound liabilities and to settle claims | |
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| Accumulation of income | |
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| Dispositive Powers and Duties | |
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| General considerations | |
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| Powers of appointment | |
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| Duty to distribute | |
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| Power of maintenance | |
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| Power of advancement | |
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| Fiduciary Duties | |
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| General considerations | |
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| Definition of a fiduciary | |
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| Nature of fiduciary obligations | |
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| Function of fiduciary obligations | |
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| No-conflict rule | |
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| No-profit rule | |
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| Consequences of breach of fiduciary duty | |
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| Variation of Trusts | |
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| The Variation of Trusts | |
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| General considerations | |
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| Statutory provisions to vary trusts | |
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| Breach of Trust and Fiduciary Duty | |
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| Liability for Breach of Trust and Fiduciary Duty | |
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| General considerations | |
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| Nature of liability | |
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| Exclusion and limitation of liability | |
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| Liability between trustees | |
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| Liability of trustees to creditors | |
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| Liability for breach of trust before appointment | |
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| Liability for breach of trust after retirement | |
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| Personal Liability for Breach of Trust and Fiduciary Duty | |
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| Fundamental principles | |
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| Reconstitution of the trust fund | |
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| Reparation of the trust fund | |
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| Equitable compensation | |
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| Account of profits | |
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| Interest | |
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| Election between inconsistent remedies | |
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| Proprietary Claims and Remedies | |
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| Fundamental principles | |
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| The proprietary base | |
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| Following and tracing | |
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| Proprietary remedies | |
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| Defences | |
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| Personal Liability of Third Parties | |
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| General considerations | |
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| Receipt-based liability | |
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| Accessorial liability | |
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| Equitable Orders | |
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| Equitable Orders | |
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| General principles | |
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| Injunctions | |
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| Search orders | |
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| Specific performance | |
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| Damages in lieu of equitable orders | |
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| Rescission | |
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| Rectification | |
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| Glossary | |
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| Bibliography | |
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| Index | |