Wills / Probate / Trusts

Cases & Materials on Equity & Trusts, 8th Edition

Edited by J.D. Heydon · Mark Leeming
LexisNexis Australia July 2011

Specifications

ISBN-13
9780409327861
Publisher
LexisNexis Australia
Publication
July 2011
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Cases and Materials in Equity and Trusts 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.

This eighth edition contains a new chapter on confidential information and additional material on equitable compensation. It covers important developments since 2007, including:

· In re Maye [2008] 1 WLR 315
· Kennon v Spry (2008) 238 CLR 266]
· John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1
· Friend v Brooker (2009) 239 CLR 129
· Bofinger v Kingsway Group Ltd (2009) 239 CLR 269
· Aid/Watch Incorporated v Commissioner of Taxation (2010) 85 ALJR 154

Table of Contents

Part 1 The Basic Concepts of Equity

1 Law and Equity
2 Equity Acts in Personam
3 Equitable Estates and Interests
4 Equitable Priorities

Part 2 Dealings with Property in Equity

5 Introduction
6 Equitable Principles Regarding Dealings with Legal Property
7 Dealings with Equitable Interests
8 Future Property
9 Interests Which Cannot Be Dealt With
10 Avoidance of Statutory Requirements to Prevent Fraud

Part 3 Grounds for Relief

11 Fiduciary Relationship
12 Mistake
13 Misrepresentation
14 Undue Influence
15 The Equity of Redemption
16 Marshalling
17 Relief Against Penalties and Forfeitures
18 Estoppel in Equity
19 Donationes Mortis Causa
20 Contribution
21 Subrogation
22 Confidential Information

Part 4 Trusts

23 The Nature and Classification of Trusts
24 Distinction between Trusts and Other Relationships
25 The Essentials of an Express Trust The Three Certainties
26 The Beneficiary Principle and Non-charitable Trusts
27 The Constitution of Express Trusts
28 The Requirement of Writing for Express Trusts; Informal Testamentary Arrangements
29 Express Trusts - Vitiating Elements
30 Trusts for Charitable Purposes
31 Resulting Trusts
32 Constructive Trusts
33 Duties of Trustees
34 Capital and Income
35 Powers of Trustees
36 Rights and Liability of a Trustee
37 Rights of the Beneficiary
38 The Beneficiary's Proprietary Rights on Breach of Trust

Part 5 Equitable Remedies

39 Specific Performance
40 Injunctions
41 Damages in Equity
42 Rescission
43 Rectification

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