Trusts in Common-Law Canada, 3rd Edition
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This acclaimed academic work introduces readers to the foundations of trust law and provides an up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape.
Now in its third edition, Trusts in Common-Law Canada has been significantly updated to reflect the current state of the law, with revisions specifically made to the sections devoted to the introduction and theory of trusts, creating an effective express trust and vesting the trust property, certainty of intention for a trust, and testamentary trust instruments and variations.
This book is prepared logically and written in an accessible and easy-to-understand way: as a result, readers can intuitively grasp complex concepts, doctrines and principles. Careful consideration has been given to the reorganization of sections and chapters to facilitate the reader's learning process.
Perhaps most valuable are the teaching tools included in every section:
- Learning objectives at the beginning of each chapter identify the concepts and information the reader can expect to learn
- Learning outcomes at the end of each chapter summarize key learning points
- Self-assessment questions at the end of each chapter allow readers to test their knowledge of the material
An indispensable resource
Written for both novices and veterans, Trusts in Common-Law Canada, 3rd Edition would be a handy reference for:
- Law students who are studying trust law. The author is an experienced trust law professor who has refined and perfected the material for students to enhance their critical learning. For their benefit, it repeats fundamental doctrines and draws connections between complex legal concepts
- Lawyers who are dealing with trusts as it is a useful, up-to-date guide for navigating issues that regularly arise in matters related to the law of trusts
- Law firms, associations and libraries as it features content on the essential elements of a trust that would be beneficial for law students, new calls, lawyers and judges
Table of contents
Part I: Architecture and selected uses of the trust and its history
Chapter 1: Introduction to the architecture of the trust and its uses
Chapter 2: History – The birth of trusts in the cradle of equity
Part II: Express trusts
Chapter 3: Creating an effective express trust – The need to “vest” the trust property
Chapter 4: The three certainties: Intention, subject matter and objects
Chapter 5: Purpose trusts
Chapter 6: Formalities, perpetuities and revocation
Part III: Resulting trusts
Chapter 7: Resulting trusts
Part IV: Beneficiaries and trustees
Chapter 8: The beneficiary
Chapter 9: The appointment, retirement and removal of trustees
Chapter 10: Trustee powers, rights, duties and immunities and their control by beneficiaries and courts
Part V: Constructive trusts
Chapter 11: The constructive trust in fiduciary relationships and unjust enrichment
Part VI: Remedies
Chapter 12: Remedies for breach of trust
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