Principles of equity and trusts

Hepburn, Samantha 2009, Principles of equity and trusts, 4th ed. ed., Federation Press, Annandale, N.S.W..

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Title Principles of equity and trusts
Author(s) Hepburn, SamanthaORCID iD for Hepburn, Samantha
Publication date 2009
Total pages xlv, 591 p.
Publisher Federation Press
Place of Publication Annandale, N.S.W.
Summary This fourth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner.This new edition includes a discussion of new developments in knowing receipt constructive trusts, resulting trusts, charitable trusts, injunctions, equitable recission and forfeiture. All chapters have been fully revised, with significant new analysis in a range of chapters including those dealing with the relationship between common law and equity, fiduciary obligations and certainty rules for the creation of trusts.New case discussions in this edition include:Stack v Dowden (2007) (the House of Lords considering the presumptive application of resulting trusts in domestic de facto relationships);Trustees of the Property of Cummins (a bankrupt) v Cummins [2006] (the High Court considering the presumptive application of purchase money resulting trusts in a marriage relationship);Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) (the High Court considering the scope and application of knowing receipt constructive trusts);Twinsectra v Yardley [2002] and Barlow Clowes International Ltd (in liq) v Eurotrust International [2006] 1 All ER 477 ( the House of Lords considering the dishonesty test relevant to knowing assistance constructive trusts) and Commissioner of Taxation v Word Investment Ltd [2006] (the Federal Court considering the scope of the charitable purpose test).This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up to date style.
Notes Contents: Part I - The Nature of Equity: The Nature of Equity -- The Origin of the Equity Jurisdiction -- The Relationship between Common Law and Equity. Part II - Equitable Principles: Equitable Proprietary Interests -- Characterisation of Equitable Proprietary Interests -- Equitable Priority Rules -- Equitable Assignments -- Fiduciary Obligations -- The Protection in Equity of Confidential Information -- Fraud in Equity -- Mistake in Equity -- Misrepresentation -- Undue Influence -- Unconscientious Dealings -- Estoppel -- Penalties -- Forfeiture. Part III - Equitable Relief: The Nature of Equitable Remedies -- Specific Performance -- Injunctions -- Declarations -- Pecuniary Relief in Equity -- Tracing -- Minor Forms of Equitable Relief. Part IV - Trusts: What is a Trust? -- A Comparison between Trusts and Other Legal Relationships -- Creating a Trust: The Certainty Rules -- Creating a Trust: Formalities, and Consequences of a Failure to Comply With Them -- Incompletely Constituted Trusts -- Trusts and Testamentary Dispositions -- Illegal Trusts -- Trusteeʼs Duties -- Trusteeʼs Powers -- Trustee and Beneficiary Rights -- Variation of Trust -- Trusts for Charitable Purposes -- Resulting Trusts -- Constructive Trusts.
ISBN 9781862877108
Edition 4th ed.
Language eng
Field of Research 180112 Equity and Trusts Law
Socio Economic Objective 940401 Civil Justice
HERDC Research category A3 Revision/new edition
Copyright notice ©2009, Federation Press
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