Law: equity and trusts, foundations Books

Book SynopsisThis book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy. Trade Review“Discerning readers will find the book’s combination of academic rigour, practical insight and considerable forthrightness worthy of commendation.” (The Commonwealth Lawyer, Vol. 31 (1), April, 2021)Table of ContentsChapter 1 – The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms I. Ideas Underlying the Concept of Emergency Powers II. The Greek Period III. The Roman Dictatorship i. Appointment of Dictators ii. Limitations of Time iii. Non-Derogable Areas iv. Other limitations v. Some additional effects of use of emergency powers vi. The decline of the dictatorship IV. Ancient and Medieval IndiaChapter 2 – Martial Law: A Comparative Analysis of the USA, the UK, and India I. IntroductionII. A Brief History of Martial LawIII. Martial Law in the United Statesi. Military Law, Military Government and Martial Lawii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Lawiii. State of Insurrection and State of Wariv. Historical Instances of Use of Forcev. Is Martial Law Constitutional in USA?vi. Proclamation of Martial Lawa. Identity of Proclaimerb. Nature and Content of Proclamationsc. Necessity and Effect of Proclamationsvii. Permissible consequences of Martial Lawa. Exercise of powers in absence of trial of civilians by military tribunalsb. Trials of civilians by military tribunalsviii. Suspension of the writ of Habeas Corpusa. Martial Law and Suspension of Writ of Habeas Corpus differentiatedb. Who may suspend the writ?IV. Martial Law in Englandi. Historical Evolution and Significant Instances of Useii. Martial Law: Prerogative or Common Law?iii. Proclamations of Martial LawV. Martial Law in Indiai. Pre-Independence Judicial Opinionii. Post-Independence Judicial Opinioniii. Can Martial Law be proclaimed under article 34? An alternative view: Historical Analysis of article 34Chapter 3 – Military Acting in Aid of Civilian Authority I. IntroductionII. Use of Military in Situations not amounting to Martial Law in the United Statesi. The National Guardii. Some instances of use of the military in aid of civil authorityiii. Distinctions between martial law and use of military in aid of civil authorityiv. Principles governing liability of Guardsmen and Higher Officersa. General Principlesb. False arrest and imprisonmentc. Use of excessive forced. Immunity, if any?v. Judicial review of actions of Guard in other situationsvi. Use of force by the Federal Government: The Debs PrincipleIII. Military Acting in Aid of Civil Authority in UKi. Distinction between martial law and military acting in aid of civil authorityii. Historical evolution and current status of the civil decision to deploy militaryiii. Judicial review and some other issues IV. India: No direct comparative jurisprudence exists though some principles are summarizedChapter 4 – Judicial Independence and Economic Emergency with Special Focus on India I. IntroductionII. Economic Emergency under the Indian ConstitutionIII. Financial Independence of the Judiciaryi. Judicial Salaries and Judicial Independenceii. Judicial Salaries and the Question of Independence in the United StatesIV. Financial Independence of Judiciary under the Indian ConstitutionV. Judicial Review of Reduction of Judicial Salaries during an Economic Emergencyi. Colorable Exercise of Powerii. Fundamental Rights Violationiii. Judicial Review and Basic Structure Constitutionalism ConclusionChapter 5 – Emergency Powers in India I. Historical overview of Emergency Powers in Pre-Indepenent Indiai. Pre-British Indiaii. Company Rule: 1600-1857iii. Direct British Rule Prior to First World War: 1858-1914iv. First World War: 1914-18v. Inter War Years: 1919-39vi. Second World War and Independence: 1939-47 II. Emergency Powers in the Indian Constitutioni. Introductoryii. Travaux Preparatories Relating to Constitutional Provisionsiii. Changes in Emergency Provisions During and After 1975iv. Some legal aspects of Emergency Powersa. Proclamation of Emergencyb. Effects of Emergencyv. Post-Independence Emergenciesa. War Emergenciesb. The 1975 Peacetime Emergencyc. Detentionsd. The Press and Media III. President’s Rule: A Sui Generis Emergency Poweri. Introductoryii. Constituent Assembly Debates Relating to Article 355, 356, and 357iii. Post-Independence Changes in Article 355, 356, and 357iv. Some legal aspects of President’s Rule in Indiaa. Role and Status of President and Governor during an article 356 Proclamationb. Duration of Effects of Action under an article· 356 Proclamation· Violation of Constitutional Provisions relating to Parliamentary scrutinyc. Legality of suspension of Assemblyd. Judicial Review and Article 356· State of Rajasthan v. Union of India· S. R. Bommai v. Union of India Post Bommai Development

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Book SynopsisIn a subject heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential reference source for students. The tenth edition contains a diverse range of relevant and interesting cases, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal materials are accompanied by non-legal literary texts with a view to making legal points more interesting and memorable. Gary Watt continues to combine the highly-regarded, rigorous scholarship and student-focused approach established through previous editions in his expertly-selected choice of materials and commentary. Utilizing key features as tools to assist students'' learning and revision, including questions, suggestions for further reading, and notes, Gary Watt threads the broad spectrum of equity case law together with his unique flair, making it an engaging and insightful companion to a course in trusts.Online Resource CentreThe tenth edition is supportTrade ReviewI think the text is a superb example of a particularly important type of textbook. It helps guide students in the application of their legal knowledge with certainty, detail, and rigour. The text is clear, well structured, and evidently written from a point of esteemed authority. * Chris Lloyd, Oxford Brookes University *This book is invaluable and, crucially, enjoyable; a combination many books do not possess. I do not hesitate to recommend it to students looking to purchase a cases and materials book. * Alexander Murray, Anglia Law School *Table of ContentsPART I: INTRODUCTION TO EQUITY AND TRUSTS; PART II: CREATION AND RECOGNITION OF TRUSTS; PART III: THE REGULATION OF TRUSTS; PART IV: TRUSTS AND THIRD PARTIES; PART V: EQUITY

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisSuccession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person''s estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator''s capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentialTable of Contents1. History 2. Will Substitutes 3. Nature and Characteristics of a Will 4. Capacity to Make a Will 5. Formalities for the Execution of Wills 6. Special Wills 7. Revocation of Wills 8. Alteration, Republication and Revival 9. Intestate Succession 10. The Classification and Failure of Gifts 11. Construction of Wills 12. Personal Representatives 13. Administration of Estates 14. Tax and Tax Planning 15. Family Provision 16.Problem Solving and Contentious Issues

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Book SynopsisA Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students'' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.Table of ContentsPart A. Introduction: 1. An overview of equity; Part B. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission and rectification; 6. Bars to relief; Part C. Equity, Contract and Property: 7. Equity in contract law; 8. Equitable proprietary interests; 9. Equitable assignments; Part D. Equitable Obligations: 10. Fiduciary relationships and obligations; 11. Participants in a breach of fiduciary obligation; 12. Breach of confidence; Part E. Express Trusts: 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable and non-charitable purposes; Part F. Performing The Trust: 17. Trustees' duties and powers; 18. Investment of trust funds; 19. Trustees' rights and liabilities; Part G. Breach of Trust: 20. Breach of trust: Defences and remedies; 21. Tracing; Part H. Resulting and Constructive Trusts: 22. Resulting trusts; 23. Constructive trusts; Part I. Terminating and Varying Trusts: 24. Termination and variation of trusts.

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Book Synopsis

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Book Synopsis

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