Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies, 5th Edition

An Essential text for practitioners of law and for students requiring a comprehensive coverage of equity.

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ISBN/ISSN: 9780409332278
Release Date: December 01, 2014
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ISBN/ISSN: 9780409332254
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Product description

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.

This review was first published in ETHOS – Journal of the ACT Law Society June 2015 – Issue 236.

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.

Featured Authors

Table of contents

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