Equity and Trusts in Australia
Equity and Trusts in Australia is a practical and engaging introduction to equitable and trusts law in Australia. Drawing on the authors' collective 45 years of teaching experience, this text is carefully designed to cater to the needs of undergraduate law and Juris Doctor students approaching equity and trust law for the first time. The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Comprehensively cross-referenced, it draws links between equitable and trusts doctrines and their wider relationships to the law. The companion website, at www.cambridge.edu.au/academic/equity is an invaluable resource for students and lecturers, featuring further reading, discussion points and practice exercises and solutions.Read more
- Provides a clear and accessible explanation of key theories and terminology and demonstrates how these are applied in practice
- Comprehensively cross-referenced, the book draws links between equity and trusts doctrines and their relationship with the wider law
- Material is presented in a succinct and clear manner, supported by simple, topical examples, so as not to overburden the beginner student with dense mathematics and case law
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- Date Published: July 2012
- format: Adobe eBook Reader
- isbn: 9781139533768
- contains: 4 b/w illus.
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
Part I. Introduction:
1. An overview of equity
Part II. Equitable Remedies:
2. An introduction to equitable remedies
3. Specific performance, injunctions and equitable damages
4. Monetary remedies in equity
5. Rescission, rectification and declarations
6. Bars to relief
Part III. Equity, Contract and Property:
7. Equity in contract law
8. Equitable proprietary interests
9. Equitable assignments
Part IV. Equitable Obligations:
10. Fiduciary obligations
11. Participants in a breach of fiduciary obligation
12. Breach of confidence
Part V. Express Trusts:
13. The concept of the express trust
14. Certainty requirements in the law of trusts
15. Creating an express trust
16. Trusts for charitable and non-charitable purposes
Part VI. Performing the Trust:
17. Trustees' duties and powers
18. Investment of trust funds
19. Trustees' rights and liabilities
Part VII. Breach of Trust:
20. Breach of trust: defences and remedies
Part VIII. Non-consensual Trusts:
22. Resulting trusts
23. Constructive trusts.
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