9. Trusts and purposes

2019 ◽  
pp. 236-268
Author(s):  
JE Penner
Keyword(s):  
The Core ◽  
The Subject ◽  
The Creation ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on how the law enables a person to devote their property to the carrying out of purposes, while restricting the ways in which that can be done. The discussions cover the beneficiary principle and the invalidity of private purpose trusts; anomalous valid purpose trusts; the case of powers for purposes; an enforcer principle for the creation of a private purpose trust; valid trusts for persons ‘limited by a purpose’ aka Re Sanderson’s trusts; the bare trust with mandate and Quistclose trusts; gifts to unincorporated associations; the dissolution of unincorporated associations; and the rule against perpetuities.

6. Security interests in land

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Modern World ◽  
The Core ◽  
Security Interest ◽  
Potential Source ◽  
The Subject ◽  
The Creation ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Land is a potential source for a number of important security interests. In particular, a ‘mortgage’ (or ‘charge’) of land initiates one of the most significant kinds of credit relationship in the modern world. This chapter discusses the following: the creation and termination of various kinds of mortgage or charge over land; the means by which the law affords protection to the borrower (or ‘mortgagor’); the means by which the law affords protection to the lender (or ‘mortgagee’); the remedies available to the mortgagee in the event of default by the mortgagor; the priority of mortgages inter se; and other forms of security interest in land such as rentcharges and rights of entry.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students 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. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

1. What is tort?

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter begins with an overview of the law of tort, covering its definition, types of misconduct, types of injury, and its main functions. It then introduces the two major institutions of the law of tort: the tort of negligence and the role played by statute law.

8. Protection of reputation

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines tort for the protection of reputation. Reputation is protected principally by the tort of defamation. Defamation is almost unique among the torts: it is very often heard before a judge and jury, rather than a judge alone. The role of the jury is to determine matters of fact and to determine the level of damages. The chapter discusses liability; remedies; absolute defences; qualified defences; other torts protecting reputation; and reform of the law.

9. Parties, and liability for others

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses liability for torts committed by others. The defendant may be liable for torts committed by others in a number of situations. These situations include: where the defendant’s employee commits a tort; where the defendant was under a duty to prevent others committing torts; and where the defendant’s duty was non-delegable. Where a number of different people are responsible for the same damage, then as between themselves, the law may make a rough apportionment of blame. But each one of them is liable to the claimant for the whole of the loss.

“In Truth You are the Polytheist!”: Mythic Elements in Ibn al-ʿArabī’s Teachings on the Divine Names

2018 ◽  
Vol 6 (3) ◽  
pp. 359-387 ◽  
Author(s):  
Michael Ebstein
Keyword(s):  
General Introduction ◽  
Main Claim ◽  
The Core ◽  
The World ◽  
Islamic Mysticism ◽  
The Subject ◽  
The Creation ◽  
Mystical Experiences

Abstract The following article aims at highlighting the mythic elements inherent in Muḥyī l-Dīn Ibn al-ʿArabī’s teachings on the Divine names. The article begins with a very general introduction to the subject of Divine names in Islamic mysticism and then proceeds to clarify the meaning of the term “mythic” as it is used in this study. The core of the article is devoted to an examination of four main areas in which the Divine names, according to Ibn al-ʿArabī, play a central role: the creation of the world (cosmogony); its management; mystical experiences and knowledge; magic and theurgy. The main claim is that in all four areas, Ibn al-ʿArabī’s discourse is to a great extent mythic. The implications of this claim for the understanding of Akbarian thought and for the study of Islamic mysticism in general are discussed in the concluding paragraph of the essay.

11. Statutory shareholder remedies

Company Law ◽  
2020 ◽  
pp. 207-254
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Minority Shareholders ◽  
Classic Case ◽  
The Core ◽  
Locus Standi ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with statutory remedies available to aggrieved minority shareholders, particularly their right to seek relief through a winding-up order on the just and equitable ground. It first considers the classic case of Ebrahimi v Westbourne Galleries Ltd (1973), which addressed the scope of the court’s jurisdiction under the just and equitable ground, and presents illustrations of the grounds which will support a petition under s 122(1)(g) of the Insolvency Act 1986. It also examines the issue of whether the principles promulgated in Ebrahimi extend beyond the statutory context of just and equitable winding-up by focusing on the case of Clemens v Clemens Bros Ltd (1976). In addition, the chapter gives examples of unfair prejudice, explains locus standi and procedural aspects of s 994 of the Companies Act 2006, and looks at other specific statutory rights available to aggrieved minority shareholders. Finally, it explains the Law Commission’s proposed reforms for the unfair prejudice provision.

14. Charitable trusts

2019 ◽  
pp. 429-454
Author(s):  
JE Penner
Keyword(s):  
Attorney General ◽  
The Public ◽  
Public Benefit ◽  
The Core ◽  
Public Purpose ◽  
Charity Commission ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on charitable trusts. Charitable trusts are not subject to the beneficiary principle. These are valid purpose trusts that are enforced, not by beneficiaries, but by the Attorney-General or, more recently, by the Charity Commission. Charities are generally exempt from most taxes. The conditions for charitable status; the charitable character of public purpose trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the law concerning the public benefit requirement; and the application of the cy-près doctrine to save charitable trusts from failure are discussed.

13. The law governing fiduciaries

2019 ◽  
pp. 384-428
Author(s):  
JE Penner
Keyword(s):  
Basic Rule ◽  
Fiduciary Duties ◽  
Conflict Rule ◽  
Fair Dealing ◽  
The Core ◽  
Personal Nature ◽  
The Subject ◽  
The Law ◽  
Secondary Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the nature and scope of fiduciary duties. It begins by considering the ‘no conflict’ rule, the basic rule governing fiduciaries. Under the rule, a fiduciary is liable to account for any profit he obtains in circumstances where his interests may conflict with his duty to his principal. It then turns to rules governing authorised profits; unauthorised profits and the liability to account for them; self-dealing and fair dealing rules; the proprietary and personal nature of the liability to account; equitable compensation for breach of fiduciary obligation; and secondary liability for breach of fiduciary obligation.

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