Details
Clear structure and concise language allows the reader to access this difficult subject matter
Challenges the reader to look more deeply at trusts law by providing detailed accounts of the different analytical perspectives
Offers an authoritative and influential account of remedial constructive trusts and family property
New to this edition
Fully updated to cover changes in the law (the Charities Act 2006 and new judicial decisions regarding family homes)
A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.
Readership: Undergraduates studying courses in equity and trusts; postgraduates on the GDL/CPE; students; teachers; academics; general reader interested in some aspect of law
1: The nature of trusts
2: Policies shaping the express trust concept
3: Finding settlors' intentions
4: Promises to make trusts
5: Formalities
6: Charitable trusts
7: Stewardship
8: Fixed trusts
9: Dispositive discretions
10: Modification
11: Securing performance
12: Trustees' duties and beneficiaries' rights
13: Breach of trust and remedies
14: Liabilities of strangers
15: Constructive trusts 1
16: Resulting trusts
17: Constructive trusts 2
18: Constructive trusts 3
Simon Gardner, Fellow of Lincoln College, Oxford
Simon Gardner has been a member of the Oxford University Law Faculty and a Fellow of Lincoln College since 1978, working and teaching primarily in the areas of Land Law, Trusts, and Criminal Law. He is the author of some fifty articles, principally in these areas, and of books in Land Law and Trusts. In recent years he been made an Academic Member of the Chancery Bar Association, and was given a Teaching Excellence Award by Oxford University.
Review(s) from previous edition
"Gardner is to be congratulated for having produced this stimulating introduction which... will be a very valuable addition to any serious library in the topic, as well as providing an introduction which trusts teachers would do well to recommend enthusiastically to their students. - C.E.F. Rickett, The Cambridge Law Journal, Vol 50 No.2 (Jul 1991), pp369-371
"Gardner's book... is written in a clear, attractive style. Gardner... deal[s] with difficult topics with clarity and depth. He gives a clear treatment of the cases, along with an effective critique, and he discusses the issues in the light of the political models. In short, he does succeed in carrying out the Series' aim of providing 'a general perspective of legal ideas and problems which will make their detailed study more rewarding'... [It is] well written, careful and insightful." - T.G. Youdan, Writing on the Law of Trusts, in The Oxford Journal of Legal Studies, Vol 12 (Summer 1992), pp275-283
