Over the last two decades the development of the 'third sector' has been underpinned by principles of independence and autonomy,regulation and accountability and patronage through partnership.
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals.
A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law.
The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.
Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust.
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud.
This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions.
This textbook is an ambitious and engaging introduction to the more advanced writings on equity and trusts, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills.
Private foundations are now offered as an alternative to traditional trusts in a growing number of international financial centres and an increasing number of practitioners - in the relevant jurisdictions and elsewhere - are asked to advise clients who are thinking of protecting their wealth in this way.
Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners.
Leading Anglo-American scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties.
A practical resource for dealing with family matters upon death, this first-of-its-kind publication from the American Bar Association and AARP - the nation's leading associations in the law and the advancement of issues that matter most to people 50+ and their families - helps answer the myriad of questions surrounding what needs to be done following a loved one's passing.
International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts.
Equity and Trusts: A Problem-Based Approach creates a fresh approach to learning through the use of integrated realistic case studies designed to simulate how the law works in practice.
Now in its third edition, this work has established itself as a key point of reference on English private law for lawyers in the UK and throughout the world.
The aim of this edited collection of essays is to examine the relationship between private law and power both the public power of the state and the 'private' power of institutions and individuals.
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination.
Rooted in the civil law systems of continental Europe, where foundations originally served mainly charitable purposes, the private foundation is an innovative development in common law jurisdictions.
Profiling national and international social inclusion agendas, Charity Law and Social Inclusion examines the fit between the charity law framework and the needs of the socially marginalized in some leading common law nations: the US, England and Wales, Ireland, Australia, New Zealand and Canada.
In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime.
Equity and Trusts is an ideal choice for all undergraduate and GDL students looking for a comprehensive yet accessible textbook on this complex area of law.
This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law.
Trust disputes can be tremendously costly, in terms of legal fees, hiring experts and lost opportunity costs, as well as the costs attendant with the often emotionally charged atmosphere that can pit family members against one another.
This textbook is an ambitious and engaging introduction to the more advanced writings on equity and trusts, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills.