Cases and Materials on Equity and Trusts, 9th edition

Cases and Materials on Equity and Trusts is an authoritative discussion and analysis with a comprehensive selection of extracts

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AUD$ 185.00
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ISBN/ISSN: 9780409348552

Product description

Cases and Materials on Equity and Trusts provides an extensive selection of extracts from leading cases and authoritative commentary on the essential elements of equity and trusts. The work concentrates on fundamental judicial and scholarly statements of the purposes and principles of all aspects of equity, and includes the law of trusts and trustees, tracing, contribution and subrogation, and all other major equitable doctrines and remedies. Case extracts are accompanied by comprehensive discussion and analysis, extracts from statutes and critical statements on the law. Interesting and demanding discussion questions are included to extend more capable readers.

This new edition updates the entire work, including reference to the following leading decisions:

  • Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172
  • FHR European Ventures LLP v Cedar Capital Partners LLC [2015] AC 250
  • Fistar v Riverwood Legion and Community Club Ltd (2016) 91 NSWLR 732
  • Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392
  • Paciocco v Australia and New Zealand Banking Group (2016) 258 CLR 525
  • Sidhu v van Dyke (2014) 251 CLR 505.

This highly-regarded work is an invaluable resource for students, practitioners and scholars seeking an in-depth understanding of the main principles and remedies in Anglo-Australian equity and trusts.

Features

  • Authoritative analysis
  • Combination of commentary and materials develops competence in reading and understanding cases

Related Titles

Evans, Jones & Power, Equity and Trusts, 4th ed, 2016
Heydon & Leeming, Jacobs Law of Trusts in Australia, 8th ed, 2016
Heydon, Leeming & Turner, Meagher, Gummow & Lehane’s Equity Doctrines & Remedies, 5th ed, 2014

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Table of contents

Part 1 The Basic Concepts of Equity


Chapter 1 Law and Equity


Chapter 2 Equity Acts in Personam


Chapter 3 Equitable Estates and Interests


Chapter 4 Equitable Priorities


Part 2 Dealings with Property in Equity


Chapter 5 Introduction


Chapter 6 Equitable Principles Regarding Dealings with Legal Property


Chapter 7 Dealings with Equitable Interests


Chapter 8 Future Property


Chapter 9 Interests Which Cannot Be Dealt With


Chapter 10 Avoidance of Statutory Requirements to Prevent Fraud


Part 3 Grounds for Relief


Chapter 11 Fiduciary Relationship


Chapter 12 Mistake


Chapter 13 Misrepresentation


Chapter 14 Undue Influence


Chapter 15 The Equity of Redemption


Chapter 16 Marshalling


Chapter 17 Relief Against Penalties and Forfeitures


Chapter 18 Estoppel in Equity


Chapter 19 Donationes Mortis Causa


Chapter 20 Contribution


Chapter 21 Subrogation


Chapter 22 Confidential Information


Part 4 Trusts


Chapter 23 The Nature and Classification of Trusts


Chapter 24 Distinction between Trusts and Other Relationships


Chapter 25 The Essentials of an Express Trust — The Three Certainties


Chapter 26 The Beneficiary Principle and Non-charitable Trusts


Chapter 27 The Constitution of Express Trusts


Chapter 28 The Requirement of Writing for Express Trusts; Informal Testamentary Arrangements


Chapter 29 Express Trusts — Vitiating Elements


Chapter 30 Trusts for Charitable Purposes


Chapter 31 Resulting Trusts


Chapter 32 Constructive Trusts


Chapter 33 Duties of Trustees


Chapter 34 Capital and Income


Chapter 35 Powers of Trustees


Chapter 36 Rights and Liability of a Trustee


Chapter 37 Rights of the Beneficiary


Chapter 38 The Beneficiary’s Proprietary Rights on Breach of Trust


Part 5 Equitable Remedies


Chapter 39 Specific Performance


Chapter 40 Injunctions


Chapter 41 Damages in Equity


Chapter 42 Rescission


Chapter 43 Rectification