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Preface
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xi |
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Table of cases
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xii |
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Table of statutes
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xxix |
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List of abbreviations
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xxxv |
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Part A Introduction
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|
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1 An overview of equity
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2 |
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What is equity?
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3 |
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A map of equity
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13 |
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The maxims of equity
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20 |
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What's online?
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21 |
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Part B Equitable Remedies
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2 An introduction to equitable remedies
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24 |
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Introduction
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25 |
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Personal and proprietary remedies
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26 |
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The objectives of equitable remedies
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28 |
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What's online?
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31 |
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3 Specific performance, injunctions and equitable damages
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32 |
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Introduction
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33 |
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Specific performance
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33 |
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Injunctions
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40 |
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Plaintiff's remedy if specific performance or injunction are denied
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51 |
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Equitable damages
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51 |
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Are equitable damages available for equitable wrongs?
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52 |
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How are equitable damages assessed?
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54 |
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What's online?
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55 |
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4 Monetary remedies in equity
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56 |
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Accounts of profits
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57 |
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How are accounts of profits calculated?
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58 |
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Equitable compensation
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61 |
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How is equitable compensation calculated?
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63 |
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What's online?
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70 |
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5 Rescission, rectification and declarations
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71 |
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Introduction
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72 |
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When can a voidable transaction be rescinded?
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72 |
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The aim of rescission
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73 |
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Rescission at common law and in equity
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73 |
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Total and partial rescission
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74 |
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The election to rescind
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75 |
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Restoring the parties to their pre-contractual position
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76 |
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The proprietary consequences of rescission
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77 |
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Bars to rescission and pecuniary restitution
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78 |
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Rectification
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79 |
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Declaration
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81 |
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What's online?
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83 |
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6 Bars to relief
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84 |
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Introduction
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85 |
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Laches
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85 |
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Acquiescence
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87 |
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Unclean hands
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88 |
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Hardship
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91 |
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Effect of order on third parties
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92 |
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What's online?
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93 |
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Part C Equity, Contract and Property
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7 Equity in contract law
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96 |
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Introduction
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97 |
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Estoppel and promise enforcement
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97 |
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Equity and voidable transactions
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103 |
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Undue influence
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105 |
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Unconscientious conduct
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110 |
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The rule in Yerkey v Jones and the Garcia case
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113 |
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Equity and substantive fairness: penalties and relief from forfeiture
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116 |
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What's online?
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121 |
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8 Equitable proprietary interests
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122 |
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Introduction
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123 |
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The nature of equitable ownership
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125 |
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Priority disputes and the doctrine of notice
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126 |
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Equities and equitable interests
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127 |
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What's online?
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129 |
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9 Equitable assignments
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130 |
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Introduction
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131 |
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Assignment of legal property
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132 |
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Assignment of equitable property
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141 |
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Statutory assignment
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143 |
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What's online?
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149 |
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Part D Equitable Obligations
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10 Fiduciary obligations
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152 |
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Introduction
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153 |
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Fiduciary relationships
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154 |
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Fiduciary obligations
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162 |
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What's online?
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172 |
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11 Participants in a breach of fiduciary obligation
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173 |
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Introduction
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174 |
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Third party liability: the rule in Barnes v Addy
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176 |
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Other forms of participatory liability
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187 |
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What's online?
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188 |
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12 Breach of confidence
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189 |
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Introduction
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190 |
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The equitable obligation of confidence
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190 |
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Defences to breach of confidence
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197 |
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Protection of private information
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199 |
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Remedies for breach of confidence
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202 |
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What's online?
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205 |
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Part E Express Trusts
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13 The concept of the express trust
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208 |
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Introduction
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209 |
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Definition
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209 |
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Trusts and related concepts
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218 |
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What's online?
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224 |
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14 Certainty requirements in the law of trusts
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225 |
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Introduction
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226 |
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Certainty of intention
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227 |
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Certainty of subject-matter
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235 |
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Certainty of objects
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237 |
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What's online?
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245 |
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15 Creating an express trust
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246 |
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Introduction
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247 |
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Methods of creating a trust
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247 |
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Testamentary trusts
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251 |
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The doctrine of incorporation by reference
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252 |
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Incompletely constituted trusts
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252 |
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Trusts and public policy
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253 |
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What's online?
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255 |
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16 Trusts for charitable and non-charitable purposes
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256 |
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Introduction
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257 |
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A valid trust for a purpose
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257 |
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Historical development of the charitable trust
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258 |
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Trusts for the aged, impotent and poor
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259 |
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Trusts for the advancement of education
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261 |
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Trusts for the advancement of religion
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262 |
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Trusts for other purposes beneficial to the community
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263 |
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The ‘public benefit’
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267 |
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Trusts for multiple purposes
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269 |
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Administrative schemes
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270 |
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Trusts for non-charitable purposes
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272 |
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Problems with purpose trusts
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272 |
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What's online?
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275 |
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Part F Performing the Trust
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17 Trustees’ duties and powers
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278 |
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Introduction
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279 |
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Sources of the trustee's duties and powers
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279 |
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Duties on assumption of trusteeship
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280 |
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Ongoing management duties
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282 |
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Duties of performance
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287 |
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Trustees’ powers
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296 |
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Exercise of power and review
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296 |
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Effect of improper exercise of discretion
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302 |
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What's online?
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303 |
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18 Investment of trust funds
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304 |
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Introduction
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305 |
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Sources of trustees’ investment powers
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305 |
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The statutory model
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307 |
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Investing prudently
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309 |
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Review of investments
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311 |
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Applying other duties of law and equity to investing
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312 |
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Matters to be considered by the trustee when investing
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317 |
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Exculpatory provisions
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319 |
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What's online?
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321 |
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19 Trustees’ rights and liabilities
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322 |
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Introduction
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323 |
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Trustees’ liabilities
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323 |
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Trustee's right of indemnity
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323 |
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The status of the trustee's right of indemnity
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324 |
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Indemnification by the beneficiaries
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331 |
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Trustee's right to impound beneficiary's interest
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334 |
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Trustee's right of contribution from co-trustees
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334 |
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Trustee's right to recover overpayment from a beneficiary
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335 |
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What's online?
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336 |
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Part G Breach of Trust
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20 Breach of trust: Defences and remedies
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338 |
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Introduction
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339 |
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Exculpation and defences
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339 |
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Exculpation in the trust instrument
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339 |
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Statutory exculpation
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343 |
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Equitable defences
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346 |
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Remedies in the context of breach of trust
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348 |
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Monetary remedies for breach of trust
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349 |
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Non-monetary remedies for breach of trust
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353 |
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Standing to sue
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355 |
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What's online?
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355 |
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21 Tracing
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356 |
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Introduction
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357 |
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Tracing and claiming at common law and in equity
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358 |
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A fiduciary requirement?
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359 |
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The equitable tracing rules
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360 |
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Defences to equitable tracing claims
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368 |
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What's online?
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369 |
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Part H Non-consensual Trusts
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22 Resulting trusts
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372 |
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Introduction
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373 |
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Why does equity recognise resulting trusts?
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374 |
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The presumption of advancement
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376 |
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Application of the presumptions to family property
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379 |
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Voluntary transfers of property
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384 |
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Resulting trusts arising on failure of an express trust
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384 |
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Resulting trusts arising in other cases of failure of basis: the Quistclose trust
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386 |
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What's online?
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388 |
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23 Constructive trusts
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389 |
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Introduction
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390 |
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The constructive trust compared with other trusts
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390 |
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Categories and principles
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391 |
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The ‘common intention’ constructive trust and family property disputes
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393 |
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The Baumgartner constructive trust
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395 |
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The constructive trust as a remedy for estoppel
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402 |
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Constructive trusts imposed for breach of fiduciary obligation
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403 |
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The constructive trust imposed over stolen money and its proceeds
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406 |
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The constructive trust as a restitutionary remedy for unjust enrichment
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407 |
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The doctrine of mutual wills
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409 |
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Constructive trusts imposed over property transferred under specificallyenforceable contracts
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411 |
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What's online?
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413 |
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Index
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414 |
