Download or read book The Quistclose Trust written by William Swadling and published by Hart Publishing. This book was released on 2004-02 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision of the House of Lords in Twinsectra v Yardley (2002) has refocused attention on the Quistclose trust (Barclays Bank v Quistclose Ltd 1970] AC 567). Although accepted by British insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the supposed foundations of the trust and subject them to a searching analysis. In particular, attention will focus on Lord Millett's controversial analysis in Twinsectra of the way the trust works and his assertion that it is consistent with traditional principles of trust law.
Download or read book Quistclose Trust written by Nicole Cunha and published by LAP Lambert Academic Publishing. This book was released on 2014-03 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of quistclose was introduced in English law through the decision held by the House of Lords in Barclays Bank v Quistclose Investments Ltd. Although this decision is from 1970, until now it has been a target of huge debate among scholars in relation to its legal nature. English courts have been applying the concept of quistclose in diverse situations without consensus over its elements. Among other characteristics quistclose trusts require the application of money to a specific purpose otherwise it requires the return of the money to its payer and not to a third party beneficiary. Scholars diverge over the legal nature of a quistclose trust and its applicability to commercial transactions. Despite general agreement over the legal nature of a quistclose its structure might be helpful in minimizing lender's risk in project finance and in loan transactions with companies in finance distress.
Download or read book Equity Trusts written by Paul S. Davies and published by Oxford University Press. This book was released on 2016 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Davies and Graham Virgo present the most engaging and student-focused text, cases, and materials approach to equity and trusts, providing an authoritative account of the law in a single volume.
Download or read book The Principles of Equity Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Download or read book The Law of Trusts written by James Penner and published by Oxford University Press, USA. This book was released on 2012-07-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
Download or read book Resulting Trusts written by Robert Chambers and published by Oxford University Press. This book was released on 1997 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
Download or read book The Quistclose Trust written by Rae Nield and published by . This book was released on 1993 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unlocking Trusts written by Mohamed Ramjohn and published by Routledge. This book was released on 2013-06-03 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity and trusts law is a vibrant and fast-moving area of the legal system.Unlocking Trusts will ensure that you grasp the main concepts with ease providing you with an essential foundation to equity and trusts law. The book explains in detailed, yet straightforward, terms: Historical outlines of equity Constructive trusts Introduction to trusts Secret trusts and mutual wills The 'three certainties' test Private purpose trusts Constitution of an express trust Appointment, retirement and removal of trustees Exceptions to the rule that equity will not assist a volunteer Duties and powers of trustees Formalities for the creation of express trusts Variation of trusts Discretionary trusts Breach of trust. Resulting trusts This fourth edition is fully up-to-date with the latest developments in the law and now includes all significant new cases plus more detail on recent judicial developments in proprietary estoppel and the doctrine of proportionality.
Download or read book A Normative Approach to the Quistclose Trust written by Emily Hudson and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first article to undertake a sustained analysis of normative justifications for the Quistclose trust. Whilst much of the existing writing on this topic has focused on the better classification of such trusts - for instance, whether they are express, resulting, constructive or sui generis - this article asks why the law should recognise a trust in addition to any underlying legal relationship. Four key justifications are addressed, based on respecting party intention, unconscionability, fairness, and the incentivisation of desirable transactions. It will be argued that: (i) there are difficulties with each of these justifications, although an intention-focused explanation is probably the most convincing; and (ii) the existing law and commentary lacks coherence and consistency, as seen in the mismatch between normative and doctrinal analysis, and the failure to properly address the ramifications of the Quistclose trust during insolvency.
Download or read book Unlocking Equity and Trusts written by Mohamed Ramjohn and published by Routledge. This book was released on 2019-05-21 with total page 1203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extensively updated seventh edition of Unlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Using straightforward language and explaining the law in a clear manner, it provides an excellent foundation for learning and revising. Each chapter in the book contains: Aims and objectives; Activities such as self-test questions; Charts of key facts to consolidate your knowledge; Diagrams to aid memory and understanding; Prominently displayed cases and judgements; Chapter summaries; Essay questions with answer plans; Glossary of legal terms. The Unlocking the Law series is designed specifically to make the law accessible to students coming to study a topic for the first time. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another.
Download or read book Re Interpreting the Quistclose Trust written by Lusina Ho and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Robert Chambers has recently argued that a loan on Quistclose terms does not actually create a trust, but rather the borrower receives the entire beneficial ownership of the funds subject only to a contractual right (enforceable by an injunction) on the part of the lender to prevent the loan being employed other than for the specified purpose. Chambers' approach, or at least something broadly similar, has received some obiter support from Potter LJ in Twinsectra Ltd v. Yardley. This article maintains that Chambers' analysis leaves unresolved a number of significant issues. It does not explain Potter LJ's emphasis on the requirement to segregate the Quistclose funds from the borrower's general assets. Similarly, it seems not applicable outside the typical Quistclose scenario; for instance, where the funds are wrongfully transferred to a third party before the failure of the specified purpose, where the Quistclose arrangement arises outside a contractual setting, and where the dispute involves a third party holding a (pre-existing) charge. Accordingly, it is suggested that it would be quite premature to conclude that more orthodox explanations of the Quistclose trust should now be jettisoned.
Download or read book Rationalising Constructive Trusts written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
Download or read book Principles of Equity and Trusts written by Alastair Hudson and published by Routledge. This book was released on 2021-11-24 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of Principles of Equity and Trusts , the concise new textbook from Alastair Hudson – the author of the definitive classic, Equity and Trusts. Through clear and careful analysis, the author explains what the law is, its foundational principles, and its social and economic effect. By beginning with the core principles on which this field is based, even the most complex academic debates concerning express, resulting and constructive trusts, the family home, charities law and other equitable doctrines become comprehensible and interesting. This book offers a fresh, lively and often humorous account of Equity and Trusts. Through easy-to-follow worked examples and analysis of the case law, Alastair helps you to answer problem questions and to prepare coursework. The author shows how the law affects real people in real situations. Each chapter begins with a clear and concise introduction to the core principles. It contains numbered headings for ease of navigation and advice on studying this subject. Students also have access to Professor Hudson’s ever-popular supporting website, which has had hundreds of thousands of hits over the years. It has over 50 brief podcasts on key issues which have been specially re-recorded to coincide with the publication of this book. That website also contains detailed lectures, a variety of videos explaining the law and guidance on tackling assessments. Characterised by the passion and enthusiasm for his subject matter that make Alastair Hudson’s classic textbook so popular, Principles of Equity and Trusts is sure to be a winner with both academics and students alike.
Download or read book Cases Materials on Equity Trusts written by Gary Watt and published by Oxford University Press. This book was released on 2016 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a subject that is heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential source of reference for your studies in equity and trusts. The tenth edition contains a diverse range of relevant and interesting case law, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal material is accompanied by non-legal sources to highlight important issues and make them more memorable. The book uses key features as tools to assist learning and revision, including questions, suggestions for further reading, and notes. Gary Watt continues to combine rigorous scholarship with a clear and accessible approach in his choice of materials and commentary. New cases featured in this edition include: The UK Supreme Court's decision in AIB Group (UK) plc v Mark Redler and Co Solicitors (2014) on liability for losses caused by breach of trust, FHR European Ventures LLP v Cedar Capital Partners LLC (2014) on liability for unauthorised fiduciary gains, Rawstron v Freud (2014) on secret trusts, Prest v Petrodel (2013) on resulting trust and statutory formalities, Jetivia SA v Bilta (UK) Ltd (in liquidation) (2015) and Les Laboratoires Servier & Anor v Apotex Inc (2014) on illegality and the reliance principle in resulting trusts, Williams v Central Bank of Nigeria (2014) on the nature of the equitable liability of third party 'strangers' to a trust, Curran v Collins (2015), Graham-York v York (2015), and Smith v Bottomley (2013) on constructive trusts of land, New and pending legislation, such as the Inheritance and Trustees' Powers Act 2014, the Charities (Protection and Social investment) Act 2016, the Cohabitation Rights Bill, and the Law Commission's draft Trusts (Concealment of Interests) Bill are also discussed. Book jacket.
Download or read book Trusts and Equity written by Richard Edwards and published by Pearson Education. This book was released on 2005 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a clear and unambiguous fashion, the authors present the main principles of the functioning of trusts and equity at a level appropriate for both distance learning students and undergraduates.
Download or read book Restitution and Equity written by Peter Birks and published by . This book was released on 2000 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:
