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Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Key Facts Key Cases: Equity & Trusts will ensure you grasp the main concepts of your Equity & Trusts module with ease. This book explains the facts and associated case law for: • The nature of a trust, the creation of express private trusts and purpose trusts • Constitution of trusts • Types of trust: secret, protective and discretionary, resulting and constructive and charitable • Trusteeship and the powers and duties of trustees • Varying trusts • Breach of trust and available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: • diagrams at the start of chapters to summarise key points • structured headings and numbered points to allow for clear recall of the essential points • charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. • Essential and leading cases are explained • The style, layout and explanations are user friendly • Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
Equity and Trusts provides a thorough but accessible statement and analysis of the principles of equity, the law of trusts and equitable remedies. An understanding of fundamental principles is fostered through engaging discussion of case law, with boxed case summaries to assist in identifying key cases. The fourth edition has been fully revised and consolidated to include recent developments in case law and legislation, including discussion on: charitable trusts in the light of the Charities Act 2013 (Cth) Andrews v ANZ Banking Group Ltd (HCA - 2012) and Paciocco v ANZ Banking Group Ltd (FCA - 2015) on the law of penalties HIH Claims Support Ltd v Insurance Aust Ltd (HCA - 2011) and Lavin v Toppi (HCA - 2015) on the law of contribution, particularly co-ordinate liability Re Dion Investments (NSWCA - 2014) on limits on court power to authorise amendments of trust deeds Federal Republic of Brazil v Durant International Corp (UKPC - 2015) on doctrine of tracing Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd (HCA - 2014) on defence of change of position to claim for restitution of moneys paid under mistake Sidhu v Van Dyke (HCA - 2014) on proprietary estoppel Bofinger v Kingsway Group Ltd (HCA - 2009) on the doctrines of subrogation and unjust enrichment in Australia The clear explanations of the meaning and practical application of the principles of equity and trusts in Australian law make the book ideal for students and an authoritative and reliable reference for practitioners.