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Equity in Practice

Equity in Practice

Author: Albert Keating
Publisher: Clarus Press
ISBN: 9781911611264
Published In: December 2019
Format: Hardback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Equity in Practiceis primarily concerned with the application of the precepts of equity, equitable principles, doctrines and remedies by the courts when exercising equitable jurisdiction with an emphasis on legal practice.

Equity in Practice consists of nine parts and 48 chapters. Part One of the book analyses the primary and secondary precepts of equity in a comprehensive and unique fashion. Part Two undertakes an in-depth study of the various equitable principles, doctrines and remedies and conditions, prerequisites and criteria for their application by the courts. Part Three identifies and analyses the conditions that must be shown to exist before the courts may apply the equitable principles of proprietary estoppel, promissory estoppel and estoppel by convention. Part Four presents the full array of injunctive relief, including mareva, interlocutory and mandatory interlocutory and springboard injunctions, that may be granted by the court of equity in appropriate circumstances. Part Five considers in depth the creation of express trusts, conditional trusts and charitable trusts observing the essential elements for their creation and also matters that may terminate such trusts. Part Six undertakes an extensive analysis of the role, duties, powers and liabilities of executors and trustees in the administration and distribution of trust estates. Part Seven provides a comprehensive discourse of trusts that may be imposed by the court equity in the form of resulting, secret and constructive trusts, and also equitable gifts and survivorship rights that may arise out of joint bank accounts. Part Eight considers fully the types of equitable actions that may be instituted concerning trusts and the equitable principles and doctrines, ex parte and notice of motion applications, summary judgments or leave to defend, actions based on the equitable principle of account taken and lites pendentes. Part Nine, the final part of the book, formulates a concept of equity, suggests how equity may be revitalised by imposing an equitable duty on persons to behave in a conscionable manner when transacting or interacting with others, and considers the relationship between equity and natural law.

PART ONE: PRIMARY AND SECONDARY PRECEPTS OF EQUITY

Chapter 1: Primary Precepts of Equity Chapter 2: Secondary Precepts of Equity Chapter 3: Primary Precepts and Injunctions Chapter 4: Damages In Lieu of Equitable Relief

PART TWO: EQUITABLE PRINCIPLES AND DOCTRINES

Chapter 5: Specific Performance of Contracts Chapter 6: Rescission of Contracts Chapter 7: Rectification of Written Instruments Chapter 8: Non Est Factum Chapter 9: Principles of Undue Influence Chapter 10: Unconscionable Transactions Chapter 11: Equitable Doctrines

PART THREE: THE THREE ESTOPPELS

Chapter 12: Proprietary Estoppel Chapter 13: Promissory Estoppel Chapter 14: Estoppel by Convention

PART FOUR: APPLICATIONS FOR INJUNCTIVE RELIEF

Chapter 15: Applications for Interlocutory Injunctions Chapter 16: Mandatory Interlocutory Injunctions and Commercial Contracts Chapter 17: The Equitable Principle of Confidence and Interlocutory Injunctions Chapter 18: Applications for Injunctions by Receivers Chapter 19: Employment Injunctions Chapter 20: Non-Compete Clauses and Springboard Injunctions Chapter 21: Applications for Injunctions Involving Torts

PART FIVE: EXPRESS TRUSTS

Chapter 22: The Elements of an Express Trust Chapter 23: The Creation of Express Trusts by Will Chapter 24: Charitable Trusts Chapter 25: Conditional Express Trusts and Engrafted Trusts Chapter 26: Ademption and Lapse of Express Trusts

PART SIX: EXECUTORS AND TRUSTEES

Chapter 27: Executors and Trustees of Express Trusts Chapter 28: Applications for Grants of Probate by Executors of Will Trusts Chapter 29: Duties of Executors and Trustees Chapter 30: Powers of Executors and Trustees Chapter 31: The Liability of Executors and Trustees

PART SEVEN: IMPOSITION OF TRUSTS AND EQUITABLE GIFTS

Chapter 32: Resulting and Quistclose Trusts Chapter 33: Secret and Half-Secret Trusts Chapter 34: Constructive Trusts Chapter 35: Powers in the Nature of Trusts Chapter 36: The Duties of Bankers and Superimposed Constructive Trusts Chapter 37: Joint Bank Accounts Chapter 38: Donationes Mortis Causa

PART EIGHT: ACTIONS RELATING TO TRUSTS AND EQUITABLE PRINCIPLES Chapter 39: Actions Relating to Trusts Chapter 40: Equitable Actions Chapter 41: Administration Actions and Construction of Will Trusts Chapter 42: Ex Parte and Notice of Motion Applications for Injunctions Chapter 43: Actions to Take Account Chapter 44: Summary Judgment or Leave to Defend Chapter 45: Lites Pendentes and Land and Conveyancing Law Reform Act 2009

PART NINE: REVITALISING EQUITY

Chapter 46: The Formulation of a Concept of Equity Chapter 47: The Equitable Duty, Principles and Rights Chapter 48: Equity and Natural Law