Law of Trust, Equity and Fiduciary Relations

Law of Trust, Equity and Fiduciary Relations for Law Students

This course is designed to acquaint students with general principles of Equity, Trust and Fiduciary Relations and remedies available under Equity. The course shall be divided in two parts: (1) Equity (2) Trust & Fiduciary Relations. The course shall comprise of the following:

• History, nature and principles of Equity
• Emergence of law of trust from Equity
• The making of Indian Law of Trust and provisions of law of trust- religions, Trusts
• Principles of Equity and Equitable Remedies
• Equitable Relief in different branches of law with special reference to property law.

1. Equity

1. Nature of Equity
2. History of Courts of Equity
3. Relations of law of Equity
4. The maxims of equity
5. Different Equitable remedies

2. Trust & Fiduciary Relations

1. Essentials of Trust
2. Fiduciary Relationship - Concept, kinds vis-a-vis trusteeship
3. Trust and contract, power, condition, charge and personal obligations - distinguished
4. Classification of Trust and its importance
5. Private Trusts
6. Public Trusts
7. Appointments, Retirement and removal of Trustee
8. Rights, Power, Discretion and control of Trustees
9. Duties of Trustee relation to Trust property and Beneficiary
10. The Administration of Trust
11. Liability for Breach of Trust
12. Rights and Remedies of the Beneficiary
13. Constructive Trusts