Principles Of Equity Trusts Aus 2 E

First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

EQUITY AND TRUSTS: IN PRINCIPLE, 2nd Edition has been revised to update its content with the latest case law and statutory developments and restructured to align its order of presentation with Dal Pont, Chalmers and Maxton, Equity and Trusts: Commentary and Materials. 4th Edition and Dal Pont and Chalmers, Equity and Trusts in Australia, 4th Edition. Changes include separating the material on relief against forfeiture and penalties into discrete chapters; collapsing the material on termination of trusts into the variation of trusts chapter; and combining managed investment schemes and superannuation trusts in the one chapter. Practice and tutorial questions and answers have been revised throughout to assist students to evaluate their understanding of the subject.

The text offers a commentary on the law of equity and trusts written at a mid-range level of complexity. This has a companion case book.

The second edition of A Sourcebook on Equity and Trusts in Australia follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.

This title illustrates the reasoning processes of the court and the development of legal principles governing equity and trusts. Cases are carefully selected, edited and cross referenced to the companion textbook to promote a deep understanding of the subject. Radan & Vickovich at Macquarie Uni. Stewart at Sydney Law School.

Prologue - Nature of Equity PART I: EQUITABLE INTERESTS Chapter 1: Nature and Creation of Equitable Interests Chapter 2: Equitable Priorities Chapter 3: Assignments in Equity PART II: RELATIONSHIPS OF TRUST Chapter 4: Fiduciary Relations Chapter 5: Government and the Public Trust Chapter 6: Confidential Information Chapter 7: Undue Influence PART III: UNCONSCIONABLE CONDUCT Chapter 8: Fraud and Mistake Chapter 9: Unconscionable Dealing Chapter 10: Estoppel Chapter 11: Relief Against Forfeiture PART IV: UNFAIR OUTCOMES Chapter 12: Part Performance Chapter 13: Penalty Clauses Chapter 14: Subrogation, Contribution and Marshalling Chapter 15: Deceased Estates PART V: TRUSTS Chapter 16: Nature of A Trust Chapter 17: The Requisite Certainties Chapter 18: Formalities and Complete Constitution Chapter 19: Legality of Trusts Chapter 20: Beneficiaries Chapter 21: Trustees Chapter 22: Duties of Trustees Chapter 23: Powers and Rights of Trustees Chapter 24: Breach of Trust Chapter 25: Variation, Resettlement and Termination of Trusts Chapter 26: Resulting Trusts Chapter 27: Trusts for Commercial Purposes Chapter 28: Trusts for Investment Chapter 29: Charitable Trusts PART VI: Equitable Defences Chapter 30: Equitable Defences PART VII: EQUITABLE REMEDIES Chapter 31: Injunctions Chapter 32: Mareva and Anton Piller Orders Chapter 33: Specific Performance Chapter 34: Compensation, Damages and Account of Profits Chapter 35: Rescission Chapter 36: Receivership Chapter 37: Declarations, Rectification, Specific Restitution and Delivery up Chapter 38: Constructive Trusts Chapter 39: Tracing.