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Pearce & Stevens' Trusts and Equitable Obligations

Eighth Edition

Warren Barr and John Picton

June 2022

ISBN: 9780198867494

984 pages
Paperback
246x189mm

Price: £42.99

The authors' clear and authoritative writing illuminates the law and its practical application, providing a detailed and stimulating account

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Description

Pearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and contextualized account of the law of equity and trusts.

  • Provides detailed analysis of all key decisions, statutes, and current academic debates related to the law of equity and trusts, giving students a thorough grounding in the subject
  • A lively and clear writing style helps students engage with this often complex subject area, while the extensive use of diagrams and figures help to illustrate key concepts
  • Includes comprehensive online resources for both students (flashcard glossary, MCQs, and updates) as well as lecturers (test bank and PowerPoint slides)
  • Also available as an e-book with functionality, navigation features, and links that offer extra learning support

New to this edition

  • The impact of Stoffel & Co v Grondona [2020] UKSC 42 on illegality; the impact of Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 on trustee advisors; and consideration of Archibald v Alexander [2020] EWHC 1621 (Ch) on orally declared trusts of land.
  • An independent chapter on secret trusts; updated coverage on limitation of actions, as a new self-standing chapter; and a new chapter dedicated solely to public benefit and significant updates around regulation of charities.
  • Updated and expanded coverage on intestate succession; updated coverage of ethical investments; updated and enhanced coverage of the use of trusts and equitable devices to grant an interest in the family home, as an example of the creativity of equity in society; and updated coverage of the charitable cy-près doctrine and its ongoing reform.

About the Author(s)

Warren Barr, Professor in Law and Dean, School of Law and Social Justice, University of Liverpool, and John Picton, Senior Lecturer in Law, University of Liverpool

Warren Barr is Professor in Law and Dean of the School of Law and Social Justice at the University of Liverpool. He is a current member, and ex-Director, of the Charity Law and Policy Unit, Liverpool Law School. He is also Principal Fellow of the Higher Education Academy, and was named Law Teacher of the Year in 2006.

John Picton is Senior Lecturer in Law at the University of Liverpool. He is a member of the Charity Law and Policy Unit at Liverpool. He researches and publishes on Charity Law and Equity & Trusts.

Table of Contents

    Part I The Importance of Equity
    1:What is equity?
    2:Equitable obligations
    3:Equity and the management of property
    4:Equitable remedies in modern English law
    Part II Creating the Relationship
    5:Certainty
    6:Constitution of trusts
    7:Formalities
    8:Policy limits
    Part III Resulting and Constructive Trusts
    9:Resulting trusts
    10:Constructive trusts
    Part IV Equity in Action: The Family Home
    11:The family home in context
    12:Determining interests in the family home through trusts
    13:The evolution of rights in the family home
    14:Proprietary estoppel
    15:Family homes: Postscript
    Part V Equity in Society
    16:Clubs and societies
    17:Wills and intestate succession
    18:Secret trusts
    Part VI Charitable Trusts
    19:The role and status of charities
    20:Charitable purposes
    21:Public benefit
    22:Cy-près: redistributing funds and changing purposes
    23:Control and regulation of charitable trusts
    Part VII Allocation of Benefit
    24:Choosing who benefits
    25:Fixed trusts
    26:Powers of appointment
    27:Discretionary trusts
    28:Powers of maintenance and advancement
    29:Variation of beneficial interests
    Part VIII Managing Trust Property
    30:Management and delegation
    31:Investment
    32:Appointing and changing trustees
    Part IX Controlling Trustees and Fiduciaries
    33:Need for control
    34:Remedies against the trustee for breach of trust
    35:Fiduciary duties of trustees and other fiduciaries
    36:Limitation of action
    Part X Recovering Trust Property
    37:Remedies against strangers to the trust
    38:Tracing

Additional Resources

Digital formats and resources
The eighth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.
· The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
· The online resources include: flashcards of key terms; bi-annual updates on the latest key developments in equity and trusts; and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning. For lecturers, the site provides a test bank of mulitple choice questions and PowerPoint slides tp use in teaching.