The Law of Trusts

Author: James Penner

Publisher: Oxford University Press

ISBN: 0198747594

Category: Equity

Page: 500

View: 6116

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The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner provides perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject.
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The Law of Trusts

Author: James Penner

Publisher: Oxford University Press, USA

ISBN: 0199678944

Category: Law

Page: 536

View: 2028

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The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts is an accessible text that skillfully engages with both controversial and complex issues. James Penner provides perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a difficult subject.
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Rationalising Constructive Trusts

Author: Ying Khai Liew

Publisher: Bloomsbury Publishing

ISBN: 1509917071

Category: Law

Page: 408

View: 9486

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Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
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Gifts

A Study in Comparative Law

Author: Richard Hyland

Publisher: Oxford University Press

ISBN: 0199711097

Category: Law

Page: 730

View: 669

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Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.
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Land Law

Author: Ben McFarlane,Nicholas Hopkins,Sarah Nield

Publisher: Oxford University Press

ISBN: 0198735324

Category: Land tenure

Page: 444

View: 4330

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McFarlane, Hopkins, and Nield's Land Law is the most succinct, analytical textbook available in this subject area. These experienced and respected authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the topics. The approach arms students with the tools needed to analyse content covered in classes and exams autonomously by demonstrating how to consider rules in isolation before looking at the full picture. This method helps students make links across topics. The concise treatment allows students to concentrate on building an in-depth, sophisticated grasp of the core principles. The authors' direct writing style and contextual outlook guides readers through the depth and detail and gives lucidity to abstract rules. The use of significant cases to exemplify rules in practice and diagrams for visual learners gives additional clarity to concepts that are particularly difficult to imagine. Students are encouraged to test their knowledge by answering end-of-chapter questions and to widen their research by referring to the resources suggested in the further reading lists accompanying each chapter. Web links to online sources are hosted on the Online Resource Centre. Legal updates are also available on this website.
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Time, Law, and Change

An Interdisciplinary Study

Author: Sofia Ranchordás,Yaniv Roznai

Publisher: Bloomsbury Publishing

ISBN: 1509930949

Category: Law

Page: 320

View: 1371

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Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
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The Principles of Personal Property Law

Author: Duncan Sheehan

Publisher: Bloomsbury Publishing

ISBN: 184731791X

Category: Law

Page: 486

View: 5417

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The law of personal property covers a very wide spectrum of scenarios and has had little detailed scrutiny of its overarching structure over the years. This is a shame. It is a system and can best be understood as a system. Indeed without understanding it as a system, it becomes much more difficult to understand. This new textbook is intended to provide a comprehensive and yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The book will be of use to students on undergraduate commercial law courses, or related LLM courses, as well as those on integrated property law courses, and particularly specialised personal property modules. It will also be useful to academics and practitioners working in the area.
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Concentrate Questions and Answers Land Law

Law Q&a Revision and Study Guide

Author: Peter Luxton,Margaret Wilkie,Rosalind Malcolm

Publisher: Oxford University Press

ISBN: 0198745249

Category:

Page: 232

View: 6102

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Concentrate QandA Land Law offers unrivalled exam and coursework support for when you're aiming high.The new Concentrate QandA series is the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The result is a series that offers you better support and a greater chance to succeed on your law course than any of its rivals. This essential studyguide contains a variety of model answers to give you the confidence to tackle any essay or problem question, and the skills you need to excel.* Knowing the right answer is a start, knowing how to structure it gets you the highest marks: annotated answers guide you step by step through the structure of a great answer, and show you how to ensure you focus on the heart of the question * Recognize and recall: user-friendly layout ensures that it is easy to find key information, and diagram answer plans help you visualize how to plan and structure your answers* Aim high: avoid common mistakes, use the further reading suggestions to help you take things further and demonstrate your understanding of key academic debates to really impress* Don't just rely on the exam to pick up your marks: a unique coursework skills chapter offers advice on researching, referencing and critical analysis - not available in any other QandA series This study guide is also accompanied by a wealth of online extras at www.oxfordtextbooks.co.uk/orc/qanda/ which include: * Additional essay and problem questions for you to practise your technique. Questions are annotated, highlighting key terms and legal issues to help you plan your own answers. An indication of what your answers should cover is also provided.* Video guidance on how to put an answer plan together * Online versions of all the diagram answer plans from the book* A glossary of key terms* Podcasts from expert examiners on revision and exam technique, coursework technique, and advice on how to tackle other assessment methods such as MCQs and presentations
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