Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies, 5th edition (eBook)

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Meagher, Gummow and Lehane’s Equity: Doctrines & Remedies has become the authoritative work on equity in Australia and a leading text in the common law world, presenting a scholarly analysis of the principles of equity by reference to the leading cases and statutory provisions.

This new edition includes analysis of developments in Australia and the common law world over the past 12 years. It deals with all fundamental equitable doctrines and remedies, save for trusts, and covers the development of equity and its history in the United Kingdom and Australia, including the effects of the Judicature system.

Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies has been described as “a most substantial and distinguished contribution to the literature of Equity” (Law Quarterly Review), and as exhibiting “a high standard in the articulation and explanation of equitable doctrines, and in the discussion of equitable remedies” (Australian Law Journal).

Few if any Australian law books have carved so significant a niche in legal publishing.  This work is an essential text for law practitioners and students.

This text is part of the LexisNexis Black and Silver Series.

Features:

     •     highly respected and regarded author team

     •     regarded as authoritative amongst practitioners and the judiciary and has an established reputation as the definitive work on this topic

     •     Comprehensive and thorough examination of equity

The Honourable J D Heydon AC QC is a former Justice of the High Court of Australia. He was appointed to the Court in February 2003, after having been a judge of the New South Wales Court of Appeal since 2000. He is currently the Commissioner of the Royal Commission into Trade Union Governance and Corruption.

The Honourable Justice M J Leeming is a Judge of the Supreme Court of NSW and a Judge of Appeal. He is also Challis Lecturer in Equity at the University of Sydney Law School.

Dr P G Turner is a University Lecturer in Law in the University of Cambridge and a Fellow of St Catharine’s College, Cambridge. He holds degrees in science and law from the University of Sydney and a doctorate in law from Gonville and Caius College, Cambridge.

Part One – The Background of Equity

1. Equity History
2. The Judicature System
3. The Maxims of Equity

Part Two – The Basic Concepts of Equity

1. Equitable Estates and Interests
2. The Fiduciary Relationship   

Part Three – Assurances and Assignments

1. Assignments in Equity
2. Equitable Assignments –The Requirement of Writing
3. Priorities
4. Subrogation
5. Contribution
6. Marshalling

Part Four – Unconscionable Transactions

1.  Fraud in Equity
2.  Innocent Misrepresentation 
3. Mistake in Equity
4. Undue Influence
5. Catching Bargains
6. Estoppel in Equity
7. Penalties, Forfeiture and Allied Relief

Part Five – Remedies

1. Declarations
2. Specific Performance
3. Injunctions
4. Specific Delivery
5. Equitable Compensation
6. Damages in Equity
7. Rescission
8. Account
9. Rectification
10. Delivery-up, Cancellation of Documents and Destruction
11. Receivers

Part Six – Deceased Estates

1.  The Rule in Strong v Bird
2.  Domationes Mortis Causa
3.  Satisfaction
4.  Ademption
5. Performance
6. Conversion

Part Seven – Equitable Defences

1.  Statutes of Limitations
2.  Release
3.  Laches and Aqueiscence
4.  Set-Off and Related Doctrines

Part Eight – Miscellaneous Doctrines

1. Election
2. Merger
3. Confidential Information
4. Passing-Off
5. Restrictive Covenants