By Paul S. Davies, Graham Virgo, Edward Burn
ISBN-10: 0199661480
ISBN-13: 9780199661480
Equity & Trusts: textual content, circumstances, and Materials offers an entire consultant to the topic in one quantity. transparent writer introductions and analyses of the legislation accompany the extracts from circumstances and fabrics to advertise the advance of crucial case examining talents and make allowance for a close appreciation of the sensible workings of the legislations and the simplest of criminal scholarship. The authors have used their unrivalled educating event to choose the components of judgments, articles, and statutory fabric so much suitable to scholars' wishes and in doing so have created a quantity with a view to support scholar to accomplish the simplest results.
The first new booklet to be written during this topic quarter because the Charities Act 2011, this paintings takes account of the recent legislative panorama all through, as well as delivering research of key contemporary instances together with Jones v Kernott on universal purpose optimistic trusts, Sinclair v Versailles on treatments for breach of fiduciary accountability, Ptt v Holt on flawed presents and voidable workout of fiduciary powers, and The self sustaining colleges Council v The Charity fee for England and Wales at the public gain necessities for self sustaining colleges to be charities.
Student studying is supported all through with the presence of 'Central concerns' at the beginning of every bankruptcy, permitting scholars to evaluate simply what assurance is to stick to. Scenario-based questions posed on the finish of chapters provide scholars a chance to evaluate their very own point of realizing whereas additionally gaining an realizing of the sensible software of the law.
Online source Centre
The on-line source Centre to accompany this booklet will positive factors updates on advancements within the legislation with regards to fairness and trusts.
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Additional resources for Equity & Trusts: Text, Cases, and Materials
Example text
Choosing between these options might greatly influence the outcome of a case;22 its importance will be carefully analysed in subsequent chapters. A harmonized rule or principle that has features of both common law and equity is at the very least acceptable and, depending on the rule or principle in question, may represent the best way for the law to develop. The common law is a complete system of law which could stand alone, but which if not tempered by equity would often be productive of injustice; while equity is not a complete and independent system of law and could not stand alone.
A harmonized rule or principle that has features of both common law and equity is at the very least acceptable and, depending on the rule or principle in question, may represent the best way for the law to develop. The common law is a complete system of law which could stand alone, but which if not tempered by equity would often be productive of injustice; while equity is not a complete and independent system of law and could not stand alone. This has been recognized by Kitto J, extrajudicially:25 [I]t will be salutary for the lawyer to remind himself that equity is the appendix that the Chancery was composing for the saving of the common law, and is not an independent system of law.
By the end of the novel, judgment is given, but the legal costs that have been incurred are so great that they devour most of the estate that was disputed in the first place. The effect of this legislation was to fuse the administration of Common Law and Equity. This is now recognized by the Senior Courts Act 1981. Concurrent administration of law and equity. (2) Every court [exercising jurisdiction in England or Wales] shall give the same effect as hitherto — (a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and (b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute, and, subject to the provisions of this or any other Act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.
Equity & Trusts: Text, Cases, and Materials by Paul S. Davies, Graham Virgo, Edward Burn
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