Equity And Trust in Malaysia, 2nd Edition

Equity And Trust in Malaysia, 2nd Edition

This main local work on trust law is a great reference for Malaysian law on equity and trusts. It clarifies the concepts of trusts, trusteeship, and remedies. It describes the broad principles of contemporary law and, if necessary, provides a critical examination of the law's stance.

KEY FEATURES of Equity And Trust in Malaysia

• The text is written in a concise, straightforward, and easy-to-read format.
• Apart from local instances, judgements from the United Kingdom, Australia, Canada, and New Zealand have been often mentioned and quoted.
• An in-depth look at the evolution of case law
• Provides a critical study of the current state of the law and, when appropriate, recommends a path ahead for Malaysian law, taking into account policy issues that may influence such a path.

NEW AREAS COVERED

• Constructive trust with a same goal
• The use of constructive trust in regard to property purchased with money obtained via corruption The components that constitute dishonesty in the context of dishonest assistance
• The question of whether a trust established to alter the legislation may be considered a legitimate charity
• The legality of exclusion provisions added to safeguard trustees
• The constructive trustees' obligation to account
• Relevance and fairness principles in the use of trustee discretion

TABLE OF CONTENTS of Equity And Trust in Malaysia

Part A: Trusts

• Introduction to Trusts and Equity
• Express Private Trusts
• Constitution of Express Trusts
• Constructive Trusts
• Resulting Trusts
• Charitable Trusts
• Non-Charitable Purpose Trusts
• Jual Janji, Estoppel and Assignment
• Secret Trusts
   

Part B: Trusteeship

• Appointment, Retirement, Removal of Trustees and Fiduciary Nature of Trusteeship
• Duties and Powers of Trustees

Part C: Remedies

• Specific Performance
• Injunctions
• Anton Piller Orders, Rectification and Rescission
• Breach of Trust and Compensation in Equity

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