Equity And Trust In Malaysia, Law and Practice

Editors

Dr Ashgar Ali Ali Mohamed and
Dr Muhamad Hassan Ahmad 

“[This is a] most anticipated book … providing a clear, comprehensive and contemporary discussion on the application of the rules, principles and remedies for both equity and trusts with a special focus on the law and practice in Malaysia.”

From the Foreword by
Tan Sri Dato’ Seri Dr. Syed Hamid Syed Jaafar Albar

The law of equity and trusts is fascinating just as it is complex. A necessary subject in the study of law, it has to be mastered by students just as it is often applied by practitioners. This book comprehensively covers this very wide subject through 27 instructive chapters. Authored by writers drawn from academia and legal practice, the book seeks to provide a clear exposition of the law of equity and trusts as it applies in Malaysia. The chapters have been carefully structured to cover the law of equity followed by the law of trusts. Tracking closely the course outline adopted in most Malaysian universities, this book will be the main go-to text for all students.

While a large part of equity and trusts is drawn from English common law, this book has given serious focus on Malaysian cases which have applied the principles or developed them for local application. Relevant statutory provisions are analysed and discussed to give this book a distinctly Malaysian flavour. The legal principles are clearly explained and analysed, supported by rich citation of authorities. Foreign authorities are appropriately cited to provide the foundational principles or where there is a lack of local sources.

In addition to the core topics of equity and trusts, this book also contains coverage of topics like maxims of equity, injunctions, specific performance, remedies, equity in Islamic jurisprudence, equity in international law, trusts for commercial purposes, Islamic perspective of trust as well as variation and extinction of trusts. A detailed and illuminating chapter is devoted to the appointment, duties and powers of trustees.

An impressive, combined effort by subject matter experts, this publication is an all-encompassing book on equity and trusts with reference to the law and practice in Malaysia which will well serve the respective needs of students and practitioners.

KEY FEATURES:

• Clear and detailed explanation on each topic
• In-depth analysis supported by rich citation of case and statutory authorities
• Authors are empanelled from various local and foreign universities as well as legal practice
• Chapter structure follows the course outline of most Malaysian universities
• Coverage of Islamic perspectives of equity and trusts

CONTENTS

1. Origin, Nature and Development of Equity
2. Function of Equity in Malaysia
3. Maxims of Equity
4. Legal and Equitable Assignment
5. Equitable Estoppel
6. Recovering Possession of Movable and Immovable Property
7. Specific Performance
8. Specific Performance and Reinstatement of Employment Contract
9. Other Types of Equitable Remedies
10. Injunctions
11. Interim Reinstatement Injunction
12. Equity Jurisdiction of Courts
13. Principles of Equity in Islamic Jurisprudence
14. Equity in International Law
15. Origin, Nature and Development of Trusts
16. Express Trusts
17. Resulting Trusts
18. Constructive Trusts
19. Secret Trusts
20. Charitable Trusts
21. Non-charitable Purpose Trusts
22. Trusts for Commercial Purposes
23. Trustees
24. Breach of Trusts, Protection and Defences
25. Variation, Revocation and Extinction of Trusts
26. Concept of Trust: Islamic Perspective
27. Waqf