Equity and Trusts Contents

1 Introduction to Equity and the Trust
1.1 Introduction
1.2 What is equity?
1.3 Historical development
1.4 Maxims
1.5 What is a trust?
1.6 The trust today
1.7 Modern uses
1.8 Further reading

2 Creation of Express Trusts
2.1 Introduction
2.2 Capacity
2.3 The three certainties
2.4 Formalities
2.5 Constitution
2.6 Further reading

3 Purpose Trusts
3.1 Introduction
3.2 Distinguishing people trusts and purpose trusts
3.3 Charitable trusts
3.4 Non-charitable purpose trusts
3.5 Further reading

4 Non-express Trusts
4.1 Introduction
4.2 Resulting trusts
4.3 Constructive trusts
4.4 Is the constructive/resulting trustee the same as an express trust trustee?
4.5 The continuing role of unconscionability
4.6 Reforming the law
4.7 Further reading

5 Trustees’ Powers and Duties
5.1 Introduction
5.2 Fiduciaries
5.3 Who may be a trustee?
5.4 The removal and retirement of trustees
5.5 What must trustees do?
5.6 The duty of care
5.7 Trustees’ powers
5.8 Remuneration
5.9 Exclusion from liability
5.10 Further reading

6 Breach of Trust, Tracing and Remedies
6.1 Introduction
6.2 Breach of trust
6.3 Tracing
6.4 Third parties to the trust
6.5 Equitable remedies
6.6 Further reading