3rd edition (New edition)

The Law of Trusts, 3/e


In recent years, trust law has continued to expand its influence at a rapid pace, particularly in the area of pension trusts, where it plays a key role in resolving conflicts over the administration, creation, termination, and revocation of pension funds. The flexible nature of trusts results in its continued development, especially in the areas of resulting and constructive trusts. This new edition offers substantially revised chapters on both types of trust, as well as many more caselaw references. Chapter 6 explores the various situations in which a resulting trust can arise, examines the important role of intention in finding a resulting trust, and analyzes recent pronouncements by the Supreme Court on the presumptions of resulting trust and advancement. Chapter 7 offers an updated discussion of the constructive trust, which courts increasingly employ as a tool for remedying unjust enrichment in cohabitation cases.

Table of Contents

Preface to the Third Edition


Part One: Introduction

Chapter 1: An Introduction to the Law of Trusts

Chapter 2: Powers


Part Two: Express Trusts

Chapter 3: The Creation of Express Trusts

Chapter 4: Purpose Trusts

Chapter 5: Ending or Changing a Trust


Part Three: Trusts Arising by the Operation of Law

Chapter 6: Resulting Trusts

Chapter 7: Constructive Trusts


Part Four: The Trustee

Chapter 8: The Appointment, Retirement, and Removal of Trustees

Chapter 9: Duties of Trustees

Chapter 10: The Powers and Rights of Trustees

Chapter 11: Breach of Trust

Chapter 12: Conclusion


Table of Cases


About the Author

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