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Hanbury & Martin Modern Equity

Hanbury & Martin Modern Equity
22nd Edition
Practice Area:  Academic Law, Trusts Law
ISBN:  9780414089549
Published by:  Sweet & Maxwell
Publication Date:  30 Sep 2021
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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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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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
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