Hanbury & Martin Modern Equity - Paperback | Academic Law

PRODUCT DESCRIPTION

Textbook on Trusts

Hanbury & Martin: Modern Equity provides an up-to-date and modern account of this challenging area of the law. This twenty-second edition of the long-standing work is the third edition under the present editors. The new edition contains rigorous analysis of the latest in case law and academic debate, with strengthened reference to other common law jurisdictions. Modern Equity continues to be unparalleled in breadth of scope and wealth of detail and remains the authority on equity and trusts law.

Features of the twenty-second edition:

Comprehensive coverage of recent developments, including detailed analysis of key appellate decisions: those of the United Kingdom Supreme Court such as The Children’s Investment Fund Foundation v Attorney General on fiduciaries and administration, Stoffel & Co v Grondona on illegality, and R (on the application of Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government on ethical investments; those of the Privy Council in Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd on trustee liability and Webb v Webb on beneficial ownership; and various authorities at Court of Appeal level in the areas of fiduciary duties, proprietary estoppel, dishonest assistance and rectification
Careful engagement with the application of the law in lower courts across the field of trusts and equity
Further reference to relevant case law from Australia, Canada, Hong Kong and Singapore; and consideration of the position in off-shore jurisdictions
Discussion of the impact of current legislation relating to trusts, tax and transparency
Incorporation of legislative developments, including the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 and applicable finance and pensions legislation
Assessment of Law Commission proposals in relevant areas

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CONTENTS

Part I: Introduction

1. History and Principles

2. Nature and Classification of Trusts

3. Equity and the Modern Commercial World

Part II: Trusts and Power

4. Certainty and Capacity

5. Constitution of Trusts

6. Formalities and Secret Trusts

7. Powers

8. Protective Trusts

9. Discretionary Trusts

10. Taxation and Trusts

11. Resulting Trusts

12. Constructive Trusts

13. Trusts of the Family Home

14. Trusts, Legal Policy and Illegality

15. Charitable Trusts

16. Non-Charitable Purpose Trusts

17. Trusts of Pension Funds

Part III: Trustees and Fiduciaries

18. General Principles of the Administration of Trusts

19. Duties of Trustees in relation to the Trust of Property

20. Duties of Trustees in relation the Beneficiaries

21. Powers of Trustees

22. Trusteeship and Fiduciary Duties

23. Variation of Trusts

Part IV: Personal and Proprietary Claims

24. Consequences of Breach of Trust

25. Personal Claims Against Third Parties

26. Tracing

Part V: Miscellaneous Equitable Remedies and Doctrines

27. Specific Performance

28. Injunctions

29. Rescission and Rectification

30. Licenses and Estoppel