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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 | |