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.
Reihe
Auflage
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Editions-Typ
Produkt-Hinweis
Maße
Höhe: 231 mm
Breite: 150 mm
Dicke: 13 mm
Gewicht
ISBN-13
978-1-55221-372-8 (9781552213728)
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Schweitzer Klassifikation
Eileen E. Gillese, BA, BCL (Oxon) is a justice of the Court of Appeal for Ontario, a position that she has held since 2002. She served as a judge of the Superior Court of Justice from January 1999 until her elevation to the Court of Appeal. Prior to her appointment to the Bench, Justice Gillese served as professor and Dean of the Faculty of Law at the University of Western Ontario, where she taught Trusts, Property, Wills, Administrative Law, Pension Law, and Legal Research and Writing.
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 Index About the Author