| Abbreviations |
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1 | (234) |
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1 The historical origins of the trust |
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3 | (12) |
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The Court of Chancery and the origin of equity |
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3 | (3) |
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The relationship between equity and the common law |
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6 | (2) |
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The Judicature Acts and the administrative fusion of law and equity |
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8 | (2) |
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Equity's creation of the use and the trust |
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10 | (5) |
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14 | (1) |
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14 | (1) |
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2 Express trusts: basic principles |
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15 | (35) |
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Express trusts and trusts arising by operation of law (TABOLs) |
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15 | (3) |
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The position of the settlor |
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18 | (2) |
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The position of the trustee |
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20 | (7) |
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The position of the beneficiary |
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27 | (16) |
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Trusts and the fusion of law and equity |
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43 | (1) |
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The express trust in legal context |
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44 | (6) |
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49 | (1) |
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49 | (1) |
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50 | (29) |
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Three basic building blocks: fixed trusts, discretionary trusts, and powers of appointment |
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50 | (5) |
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The variety of interests under express trusts |
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55 | (4) |
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The variety of powers and duties under a trust |
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59 | (5) |
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Faulty exercises of powers |
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64 | (2) |
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Judicial control of the exercise of discretions |
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66 | (3) |
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Limitations on the settlor's `freedom of trust' |
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69 | (10) |
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77 | (1) |
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78 | (1) |
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4 Modern discretionary trusts |
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79 | (27) |
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79 | (16) |
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95 | (11) |
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104 | (1) |
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105 | (1) |
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106 | (32) |
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106 | (1) |
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The family gift context---traditional trusts |
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107 | (18) |
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The family gift context--- modern discretionary trusts |
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125 | (5) |
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130 | (8) |
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137 | (1) |
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137 | (1) |
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138 | (20) |
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`Equity will not assist a volunteer' |
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139 | (4) |
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Perfecting an imperfect gift |
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143 | (8) |
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151 | (7) |
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157 | (1) |
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157 | (1) |
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7 The beneficiary principle |
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158 | (18) |
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The beneficiary principle and the invalidity of private purpose trusts |
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158 | (5) |
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Anomalous valid purpose `trusts' |
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163 | (2) |
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165 | (2) |
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167 | (6) |
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173 | (3) |
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175 | (1) |
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175 | (1) |
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8 The trust up and running |
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176 | (23) |
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176 | (11) |
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The powers of maintenance and advancement |
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187 | (3) |
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Appointment, retirement, and removal of trustees |
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190 | (3) |
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Custodian, nominee, managing, and judicial trustees |
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193 | (1) |
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194 | (5) |
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197 | (1) |
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198 | (1) |
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9 Formalities and secret trusts |
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199 | (36) |
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The character and purpose of formalities |
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199 | (2) |
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Declarations of trusts in land: Law of Property Act 1925, s 53(1)(b) |
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201 | (3) |
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Disposition of subsisting equitable interests: Law of Property Act 1925, s 53(1)(c) |
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204 | (13) |
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Testamentary trusts: Wills Act 1837, s 9 |
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217 | (2) |
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Informal testamentary trusts: secret and half-secret trusts |
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219 | (16) |
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232 | (1) |
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232 | (3) |
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PART II Resulting Trusts and Bare Trusts |
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235 | (54) |
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237 | (24) |
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237 | (2) |
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Presumed resulting trusts (PRTs) |
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239 | (16) |
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Automatic resulting trusts (ARTs) |
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255 | (4) |
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259 | (2) |
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260 | (1) |
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260 | (1) |
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11 Bare trusts subject to contractual obligations and agenfs instructions |
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261 | (28) |
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261 | (2) |
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Solicitor-agent trusts (SATs) |
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263 | (8) |
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271 | (11) |
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Unincorporated association trusts (UATs) |
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282 | (7) |
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287 | (1) |
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287 | (2) |
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PART III Liabilities Arising from Breach of Trust and Fiduciary Obligations |
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289 | (140) |
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12 Following, tracing, and claiming |
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291 | (21) |
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292 | (10) |
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302 | (6) |
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Tracing and claiming at common law |
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308 | (1) |
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309 | (3) |
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310 | (1) |
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310 | (2) |
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312 | (37) |
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Situating breach of trust |
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312 | (3) |
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The trustee's liability to account, the performance interest in a trust, and personal claims against the trustee |
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315 | (21) |
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Liability of trustees inter se |
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336 | (1) |
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Beneficiaries' consent to a breach of trust |
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336 | (2) |
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Trustees' relief from liability under Trustee Act 1925, s 61, trustee exemption clauses, and ouster of trustee duties |
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338 | (8) |
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De facto trusteeship, or trusteeship de son tort |
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346 | (1) |
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Trustee's liability when a breach of trust is procured by a third party |
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347 | (2) |
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348 | (1) |
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348 | (1) |
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14 Fiduciary relationships |
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349 | (38) |
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The good faith duty of loyalty (GFDL) |
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349 | (2) |
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The fiduciary relationship |
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251 | (5) |
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The `no conflict' principle |
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356 | (2) |
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An advising fiduciary's duty to reveal a conflict of interest |
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358 | (2) |
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360 | (2) |
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362 | (1) |
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The duty not to compete with one's principal |
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363 | (2) |
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The profit opportunity doctrine |
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365 | (6) |
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371 | (8) |
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Should the liability to account be personal or proprietary? |
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379 | (8) |
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384 | (1) |
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384 | (3) |
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15 Third party liability for breach of trust and fiduciary obligations |
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387 | (22) |
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Liability for procuring/assisting a breach of trust |
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388 | (5) |
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Third-party recipients of trust property or its traceable proceeds |
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393 | (10) |
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403 | (1) |
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Secondary liability for breach of fiduciary obligation |
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404 | (5) |
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407 | (1) |
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407 | (2) |
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16 Restitution, unjust enrichment and the law of trusts |
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409 | (20) |
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A brief history of unjust enrichment and restitution |
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411 | (3) |
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Personal and proprietary restitution |
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414 | (1) |
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Unjust enrichment and resulting trusts |
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415 | (2) |
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417 | (2) |
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The restitutionary analysis of recipient liability |
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419 | (10) |
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427 | (1) |
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428 | (1) |
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PART IV Constructive Trusts |
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429 | (18) |
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431 | (16) |
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Varieties of constructive trust (CTs) |
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431 | (1) |
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The vendor purchaser CT and the maxim `Equity looks upon that as done which ought to be done' |
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432 | (10) |
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442 | (1) |
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443 | (2) |
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`Institutional' and `remedial' constructive trusts |
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445 | (2) |
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445 | (1) |
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446 | (1) |
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447 | (30) |
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18 The law governing charities |
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449 | (28) |
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Charities and the law of trusts |
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449 | (1) |
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450 | (2) |
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The conditions for charitable status |
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452 | (1) |
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The charitable character of public purpose trusts |
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453 | (4) |
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Trusts for the relief of poverty |
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457 | (1) |
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Trusts for the advancement of education |
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457 | (1) |
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Trusts for the advancement of religion |
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458 | (2) |
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Trusts for other purposes beneficial to the community |
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460 | (3) |
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The public benefit requirement |
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463 | (4) |
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A charity must be for exclusively charitable purposes |
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467 | (4) |
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Preservation from failure: the cy-pres doctrine |
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471 | (6) |
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475 | (1) |
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475 | (2) |
| Select bibliography |
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477 | (12) |
| Index |
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489 | |
