Windfall Equity and the Joint Endeavour Principle: Restatement of the Principles in Muschinski v Dodds
An examination of over 30 years of case law history on constructive trusts in joint endeavours
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• provides a comprehensive analysis of the principles espoused by Muschinski v Dodds
• examines cases where the principles are applied as a cause of action to grant a remedy for the breakdown of a joint endeavour
• demonstrates through case examples how the joint endeavour principle regulates fiduciary duties of the parties, identifies contributions and construes trusts over property contributed to the joint endeavour
• explores how the windfall equity operates as a cause of action and the remedies that flow from it
• explores the equitable basis of joint endeavours through case law and shows how fiduciary duties and constructive trusts arise in joint endeavours, which is helpful for understanding how to wind up a joint endeavour that has failed and the principles one seeks to displace with a contract
• Heydon, Leeming & Turner, Meagher, Gummow & Lehane’s Equity: Doctrines and Remedies, 5th edition
• Heydon & Leeming, Jacob’s Law of Trusts in Australia, 8th edition
• Sharpe, Unconscionable Conduct in Australian Consumer and Commercial Contracts
Table of contents
- Chapter 1 Windfall Equity and the Joint Endeavour Principle
- Chapter 2 Analysis of Muschinski v Dodds
- Chapter 3 The Development of Muschinski v Dodds
- Chapter 4 ‘Sword’ Cases — The ‘Remedial’ Constructive Trust
- Chapter 5 ‘Shield’ Cases — The ‘Institutional’ Constructive Trust
- Chapter 6 How Windfalls and Joint Endeavours Operate
- Chapter 7 The Joint Endeavour Principle
- Chapter 8 The Windfall Equity