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Statutes:Blackstone’s Statutes on Criminal Justice and Sentencing (latest ed)PAPER 24. EQUITY1. Introduction:(a) History(b) Equity as a system and its relationship with the common law(c) Trusts: asset partitioning and asset management(d) The nature of beneficial rights(e) Examples of trusts, interests and practical applications(f) Comparison with other legal and equitable institutions2. Express trusts as bargains about ring-fenced assets:(a) Examples and explanation of beneficial interests(b) Examples and explanation of dispositive powers and controls on their exercise(c) The law governing such interests:(i) Certainty in essential elements of the trust (intention, sham trusts, subject-matter and objects), and itsrelation to the exercise of trustees’ powers(ii) Standing and enforcement of trustees’ duties (including the beneficiary principle but excluding trusts ofimperfect obligation)(iii) Limitations on discretion(iv) Constitution of trusts (including formalities for the declaration of trusts but excluding covenants to settle, therule in Strong v. Bird, Re Ralli’s WT, and donatio mortis causa)(v) Formalities for the disposition of equitable interests (by direct assignment and by direction to an expresstrustee only)(vi) Perpetuities (in outline)3. The Administration of Trusts:(a) Trust funds and trusts of specific assets (including equitable rights in funds)(b) Trustees’ administrative powers, including trustees’ powers of investment (in outline) and delegation(c) Review of trustees’ discretion and access to information(d) Trustees’ duties of care, including in investment(e) Appointment and removal of trustees4. Trustees’ Personal Liabilities for Breach of Trust:(a) What is breach of trust(b) Personal remedies for breach (accounting for losses and gains)(c) Contribution(d) Indemnity(e) Contributory fault5. Fiduciary Obligations:(a) The nature and function of fiduciary obligations(b) The content of fiduciary obligations(c) Bargaining around fiduciary obligations(d) Remedies for breach of fiduciary obligations (including rescission, account, constructive trusts)50
6. Tracing and Proprietary Remedies:(a) Rights to trace(b) Tracing rules(c) Rights and remedies consequent on tracing7. The Personal Liabilities of Third Parties in respect of trusts:(a) Trusteeship de son tort(b) Liability for receipt of misapplied trust funds and/or their proceeds(c) Liability for assisting in a breach of trust8. The holding of Property by Unincorporated Associations:(a) ‘Contract holding theory’(b) The courts’ preference for contract holding: its reasons and strength(c) The dissolution of unincorporated associations9. Resulting Trusts:(a) The nature, function and incidence of resulting trusts(b) Quistclose trusts10. Charities:(a) Charitable purposes(b) Public benefit(c) Cy-près(d) Reform11. Other Equitable Remedies:(a) Freezing Injunctions(b) Search OrdersThe following topics are not within the syllabus: secret trusts, variation of trusts, administration of a solvent estate,assignments of choses in action, bills of sale, partnerships, penalties, persons of unsound mind, and any tax aspects oftrusts.READINGHanbury and Martin, Modern Equity (18th ed 2009) orParker and Mellows, The Modern Law of Trusts (9th ed 2008) orPearce, Stevens and Barr, Law of Trusts and Equitable Obligations (5th ed 2010) orPettit, Equity and the Law of Trusts (11th ed 2009) orHayton and Mitchell, Cases and Commentary on The Law of Trusts (13th ed 2010) orMaudsley and Burn, Trusts and Trustees: Cases and Materials (7th ed 2008) orMoffat, Trusts Law: Text and Materials (5th ed 2009)Blackstone’s Statutes on Property Law (any recent ed) orButterworths’ Property Law Handbook (latest ed)Students are advised to ensure that their copy of statutory materials includes the Charities Act 2006.51
Page 2 and 3: ContentsGeneral InformationOfficers
Page 4 and 5: Settlement of International Dispute
Page 6 and 7: Faculty AdministrationFaculty Offic
Page 8 and 9: The Faculty of LawLaw has been stud
Page 10 and 11: The LLM Degree. This degree is awar
Page 12 and 13: Opening Hours:Full Term: Monday to
Page 14 and 15: Rules Made by the Information Strat
Page 16 and 17: The Lauterpacht Centre for Internat
Page 18 and 19: Centre for Corporate and Commercial
Page 20 and 21: Cambridge Socio-Legal GroupThe Camb
Page 26 and 27: Dates of Faculty Board Meetings7 Oc
Page 28 and 29: Proceed with caution in reaching fo
Page 30 and 31: Faculty CommunicationEach year, the
Page 32 and 33: Law Tripos Part IA. A candidate for
Page 34 and 35: Prizes. The following prizes may be
Page 36 and 37: PAPER 2. CONSTITUTIONAL LAWA. The a
Page 38 and 39: Oliver, Constitutional Reform (2003
Page 40 and 41: Hedley, Tort (6th ed 2008)Weir, An
Page 42 and 43: 3. Trusts and co-ownership: Concurr
Page 44 and 45: Brownlie, Principles of Internation
Page 46 and 47: Elliott, Constitutional Foundations
Page 48 and 49: Contract: covenant and debt; assump
Page 52 and 53: For reference:Birks and Pretto (ed)
Page 54 and 55: Foster, EU Legislation (2010-2011)B
Page 56 and 57: PAPER 42. INTELLECTUAL PROPERTY1. I
Page 58 and 59: 2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
Page 74 and 75: Paper application available to down
Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 80 and 81: LLM : Syllabuses and Lists of Recom
Page 82 and 83: ased upon one or two leading cases,
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 94 and 95: Crawford, The Treatment of Combatan
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101:
3. Sceptics and Critics I4. Sceptic
Page 102 and 103:
The course provides an opportunity
Page 104 and 105:
(iv)(v)(vi)(vii)Is either utilitari
Page 106 and 107:
Reiman, ‘Justice, Civilization, a
Page 108 and 109:
Gardner, Introduction to the Law of
Page 110 and 111:
1. Types of theoretical analysis an
Page 112 and 113:
2. Specific fieldsTopics to be sele
Page 114 and 115:
The LLM (one-year taught postgradua
Page 116 and 117:
As part of the requirements for the
Page 118 and 119:
Teaching Members of the Faculty of
Page 120 and 121:
MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123:
RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125:
BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127:
Law Teachers in the Department of L
Page 128 and 129:
Murray Edwards College. Dr S Turenn
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Contents - Faculty of Law - University of Cambridge

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