Moffat's trusts law : text and materials / Jonathan Garton, University of Warwick; Rebecca Probert, University of Exeter; Gerry Bean, DLA Piper, Melbourne.
Trusts introduced -- The evolution of the private express trust -- Creating the trust : I -- Creating the trust : II -- Trusts and public policy -- Flexibility in relation to beneficial entitlement -- An introduction to trustees and trusteeship -- Aspects of the management of trusts -- Trusteeship, control and breach of trust -- Implied trusts and the family home -- Trusts in commerce I : commerce and equitable remedies -- Trusts in commerce II : commerce, credit and the trust -- Trusts in commerce III : fiduciary relationships, commerce and the trust -- Trust, contract and unincorporated associations -- An introduction to the law of charity -- A legal definition of ̀'charityʹ -- Trusts : an international dimension.
Summary:
"A 'trust' in English law is in some measure the translation into legal terms of the word 'trust' as used in ordinary speech. Its conceptual starting point is 'a confidence reposed in some other' (this phrase is from the sixteenth-century legal commentaries of Lord Chief Justice Coke). The 'confidence' so reposed gives rise to moral obligations to which the courts, aided by the legislature, have purported to develop legal parallels. Inevitably, the moral weight given to trust and trusteeship in ordinary usage - to be 'in breach' of a 'sacred trust' is a serious matter, with repercussions possibly in the next world as well as this one - has had a significant impact on both the scope and the content of trusts law principles. There are still some contexts in which it may be difficult to say whether the word 'trust' is used in a legal or purely moral sense"-- Provided by publisher.
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