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Hanbury & Martin: Modern Equity
Hanbury & Martin: Modern Equity
21st Edition
Practice Area:  Academic Law, Trusts Law
ISBN:  9780414060371
Published by:  Sweet & Maxwell
Publication Date:  24 Aug 2018
Subscription Information:  Non-Subscribable Product
Format:  Paperback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION
Hanbury & Martin: Modern Equity is a leading title on equity and trusts law, providing an up-to-date and modern account of this challenging area of the law.

Now in its 21st edition, this long-standing work is the second edition under the current authors. The new edition contains rigorous analysis of the latest in case law and academic debate with strengthened reference to other common law jurisdictions. Cited by the Supreme Court of Canada, the Alberta Court of Appeal and the Singapore High Court, Modern Equity continues to be unparalleled in breadth and detail, remaining the authority on equity and trusts law. 

New for the twenty-first edition
  • Comprehensive coverage of recent developments, including detailed analysis of key decisions of the United Kingdom Supreme Court such as Akers v Samba on formalities, Patel v Mirza on the defence of illegality, Angove’s Pty Ltd v Bailey on constructive trusts, and PJS v News Group Newspapers on injunctions.
  • 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.
  • Discussion of the impact of UK and European legislation relating to trusts, tax and transparency in the wake of political controversy over and media investigations into offshore tax havens (including the Panama and Paradise Papers).
  • Incorporation of legislative developments, including the Charities (Protection and Social Investment) Act 2016 and applicable finance and pensions legislation.
  • Assessment of Law Commission proposals in charity, pensions and succession law.

CONTENTS

Part I Introduction;

  • History and Principles;
  • Nature and Classification of Trusts;
  • Equity and the Modern Commercial World;

Part II Trusts and Powers;

  • Certainty and Capacity;
  • Constitution of Trusts;
  • Formalities and Secret Trusts;
  • Powers;
  • Protective Trusts;
  • Discretionary Trusts;
  • Taxation and Trusts;
  • Resulting Trusts;
  • Constructive Trusts;
  • Trusts of the Family Home;
  • Trusts, Legal Policy and Illegality;
  • Charitable Trusts;
  • Non-Charitable Purpose Trusts;
  • Trusts of Pension Funds;

Part III Trustees and Fiduciaries;

  • General Principles of the Administrative of Trusts;
  • Duties of Trustees in Relation to the Trust Property;
  • Duties of Trustees in Relation to the Beneficiaries;
  • Powers of Trustees;
  • Trusteeship and Fiduciary Duties;
  • Variation of Trusts;

Part IV Personal and Proprietary Claims;

  • Consequences of Breach of Trust; Personal Claims Against Third Parties;
  • Tracing;

Part V Miscellaneous Equitable Remedies and Doctrines;

  • Specific Performance;
  • Injunctions;
  • Rescission and Rectification;
  • Licenses and Estoppel;
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