Details
- An exceptionally in-depth and thorough account of equity and trusts law, providing everything the student or lecturer might need to get to grips with the issues
- Written in a clear and engaging style, this text is appropriate for all second and third year undergraduates studying courses in equity and trusts on the LLB, and LLM students, and acts as a helpful reference tool for practitioners and professionals
- This well-established and respected textbook, which offers a traditional approach to equity and trusts, has been trusted as an accurate and comprehensive resource by academics and students alike for nearly 50 years
New to this edition
- Fully updated to take account of recent developments in the field
- In addition to explaining the effect of the relevant provisions of recent legislation including the Charities Act 2011, the Perpetuities and Accumulations Act 2009 and the Equality Act 2010, account has been taken, so far as appropriate, of the Law Commission Reports in relation to Exemption Clauses (largely implemented), Capital and Income in Trusts (draft Bill awaiting Parliamentary time), and Illegality (awaiting a Government response).
- Important decisions have necessitated considerable rewriting in several areas, including the common intention constructive trust, particularly in respect of the family home; proprietary estoppel; public benefit in charity law; the so-called rule in Re Hastings-Bass; and injunctions, particularly in relation to privacy, including 'super-injunctions'. The many other topics where some rewriting has been called for include the principles of Milroy v Lord and Strong v Bird, the Quistclose trust, bribes paid to fiduciaries, and powers of maintenance and advancement.
- Occasionally, for example in relation to the administration of charities, it has been thought appropriate to reduce some of the detail.
This well-established and respected textbook has been relied upon by students and academic scholars for nearly 50 years. Praised for the clarity of the writing, the comprehensive scope of the content and the high level of critical analysis, Professor Philip Pettit builds on the strengths of the book to offer students a rigorous and yet readable account of equity and trusts law.
The basic structure of the previous edition has not been substantially altered. The diagrams introduced in the 11th edition have been well received and have been retained, as has the glossary. There has been some rearrangement of matters within chapters which will, it is hoped, clarify the exposition.
Online Resource Centre
Three additional chapters can be accessed on the Online Resource Centre: Conversion and Reconversion; Satisfaction, Ademption and Performance; and The Equitable Doctrine and Election. Along with the chapters appearing in the 12th edition, these chapters have been updated to reflect changes in the field.
Readership: Undergraduate students on the LLB; postgraduate students specialising in equity and trusts law.
1: History of the Court of Chancery and Introduction to Equity
2: The Trust Concept
3: The Essentials of a Trust
4: Classification and Juristic Nature of Trusts
5: Formal Requirements of Express Trusts
6: Completely and Incompletely Constituted Trusts
7: Secret Trusts and Mutual Wills
8: Constructive Trusts
9: Resulting Trusts
10: Common Intention Constructive Trusts; Proprietary Estoppel; Licences
11: Unlawful Trusts
12: Voidable Trusts
13: Charitable Trusts
14: The Administration of Charities
15: Trustees
16: Duties of Trustees
17: The Investment of Trust Funds
18: Evenhandedness as Between the Beneficiaries
19: The Fiduciary Nature of Trusteeship
20: Appointment of Agents, Nominees and Custodians; Delegation of Trusts
21: Power of Trustees
22: Variation of Trusts
23: Breach of Trust
24: Following and Tracing
25: Injunctions I - Nature, Damages in Lieu, Enforcement
26: Injunctions II - Principles Governing Grant of Injunctions
27: Injunctions III - Injunctions if Particular Types of Cases
28: Specific Performance
29: Other Equitable Remedies
Glossary
Philip H. Pettit, Barrister of the Middle temple; Emeritus Professor of Equity, Universities of Bristol and Buckingham
Philip H.Pettit is a Barrister of the Middle Temple and Emeritus Professor of Equity of the Universities of Bristol and Buckingham.
Review(s) from previous edition
"A highly authoritative and extremely rigorously researched text, containing accurate coverage of all academic subjects in the law of trusts. - Hazel McLean, Teaching Fellow in Law, University of Exeter
