Paperback
Equity and Trusts Guidebook
Second Edition
Christopher Brien
Also available as:
$52.95 AUD
- ISBN:
- 9780195594027
- Published:
- 25 Jun 2015
- Availability:
- Print on demand
- Series:
- Law Guidebook Series
The Equity and Trusts Guidebook is your guide to the essentials of equity and trusts. It provides a clear and comprehensive outline of the foundation topics in equity and trusts in an easy-to-read, student-friendly format. Learn how to link the key concepts from your lectures, textbooks and tutorials to get the most from your study, improve your knowledge of law and develop legal problem-solving skills.
This guidebook will help you navigate through the fundamental points of equity and trusts using:
- clear and concise explanations of what you need to know
- cases and statutes to remember
- assessment preparation sections
- ‘test your knowledge’ questions
- topic flow charts that summarise major issues
- a glossary of equity and trusts terms
- up-to-date cases and legislation
1: The Nature and History of Equity
Overview
The nature of equity
Historical background
The judicature system
Law and equity in Australia
Fusion fallacies
Equitable maxims
2: The Concept of Property in Equity
Overview
Equitable interests can arise in personal and real property
Equitable interests
3: Dealings with Property in Equity
Overview
Property: legal and equitable interests
Property incapable of being dealt with
Assignment
Statutory requirements for writing
Real property
An agreement to assign
Declaration of trust
Direction to a trustee
4: Undue Influence, Unconscionable Conduct and Estoppel
Overview
Undue influence
Unconscionable conduct
Estoppel
5: Fiduciary Obligations and Confidential Information
Overview
Fiduciary obligations
Confidential information
6: The Nature of Trusts
Overview
The nature of a trust
Classification of trusts
Other legal relationships
The three certainties
Complete constitution
7: Charitable Trusts
Overview
Formation
Public benefit
Cy-près schemes
Mixed purposes (charitable and non-charitable)
8: Resulting Trusts
Overview
Automatic: non-disposal of the beneficial interest
Presumed intention: the purchase of property
Constructive trusts
9: Constructive Trusts
Overview
An institution and a remedy
Breach of fiduciary obligations
Preventing unconscionable conduct and common intention
10: Trustees and Beneficiaries
Overview
Trustees
Beneficiaries
11: The Process of Tracing
Overview
An evidentiary matter
The process in equity
Priorities
Remedies
12: Equitable Remedies
Overview
The fusion of common law and equity
An order for specific performance
Injunctions
Mareva orders
Anton Piller orders
Damages in equity
An account of profits
Glossary
Table of Cases
Table of Statutes
Christopher Brien: Lecturer in the College of Law and Justice, Victoria University
Christopher Brien is a Lecturer at the College of Law & Justice at Victoria University.