Principles of Equity and Trusts 5th edition
1st Edition
Published on 1. December 2016
Book
Paperback/Softback
752 pages
978-1-76002-053-8 (ISBN)
Description
The fifth edition retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It includes a discussion of new developments in fiduciary obligations, express trusts, unconscionable dealing, constructive trusts, penalties, injunctions, trustee duties and charitable trusts.
New case discussions in this edition include:
Kakavas v The Crown (the High Court analysis of unconscientious dealing and knowledge of the special disability in the Crown casino);
Grimaldi v Chameleon Mining Ltd (the Full Federal Court analysis of corporate breach of fiduciary responsibilities and the applicability of constructive trusts and other proprietary remedies;
Korda v Australian Executive Trustees (SA) Ltd (the High Court examining the requirements for an intention to create an express trust);
Andrews v Australia and New Zealand Banking Group Ltd (the High Court examining the scope and range of penalties to determine whether credit card fees constitute a penalty);
Warner-Lambert Co LLX v Apotex Pty Ltd (the Federal Court considering the scope of the balance of convenience test for interlocutory injunctions within the context of patents).
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.
New case discussions in this edition include:
Kakavas v The Crown (the High Court analysis of unconscientious dealing and knowledge of the special disability in the Crown casino);
Grimaldi v Chameleon Mining Ltd (the Full Federal Court analysis of corporate breach of fiduciary responsibilities and the applicability of constructive trusts and other proprietary remedies;
Korda v Australian Executive Trustees (SA) Ltd (the High Court examining the requirements for an intention to create an express trust);
Andrews v Australia and New Zealand Banking Group Ltd (the High Court examining the scope and range of penalties to determine whether credit card fees constitute a penalty);
Warner-Lambert Co LLX v Apotex Pty Ltd (the Federal Court considering the scope of the balance of convenience test for interlocutory injunctions within the context of patents).
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.
More details
Language
English
Place of publication
Annandale, NSW
Australia
Target group
College/higher education
Dimensions
Height: 235 mm
Width: 156 mm
Weight
1089 gr
ISBN-13
978-1-76002-053-8 (9781760020538)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Professor Samantha Hepburn is one of Australiaâ?Ts pre-eminent legal scholars engaged in the examination of different aspects of equitable principles, equitable remedies, trusts, and property law. Samantha is the Research Director for the Law School at Deakin University and was previously an Associate Professor at the Australian National University.
Samantha completed her doctorate at the University of Melbourne. Her books on equity and trusts as well as land and property law and mining and energy law have been prescribed and referred to throughout Australia, New Zealand, Asia and the Pacific.
Her doctoral research and subsequent publications have focused upon a range of areas including the nature and focus of equitable principles in areas such as the nature and scope of unconscientious behaviour, equitable interests, equitable assignment and equitable mortgages, the relationship between equity and common law, feudal tenure and native title and more recently, carbon property interests and carbon capture sequestration.
Samantha completed her doctorate at the University of Melbourne. Her books on equity and trusts as well as land and property law and mining and energy law have been prescribed and referred to throughout Australia, New Zealand, Asia and the Pacific.
Her doctoral research and subsequent publications have focused upon a range of areas including the nature and focus of equitable principles in areas such as the nature and scope of unconscientious behaviour, equitable interests, equitable assignment and equitable mortgages, the relationship between equity and common law, feudal tenure and native title and more recently, carbon property interests and carbon capture sequestration.
Content
CONTENTS
PrefaceTable of Cases Table of StatutesPart I The Nature of Equity
The Nature of Equity The Origin of the Equity Jurisdiction The Relationship between Common Law and EquityPart II Equitable Principles
Equitable Proprietary Interests Characterisation of Equitable Proprietary Interests Equitable Priority Rules Equitable Assignments Fiduciary Obligations The Protection of Confidential Information Fraud in Equity Mistake in Equity Misrepresentation Undue Influence Unconscientious Dealings Estoppel Penalties ForfeiturePart III Equitable Relief
The Nature of Equitable Remedies Specific Performance Injunctions, Mareva Orders and Anton Piller Orders Declarations Pecuniary Relief in Equity Tracing Rescission, Rectification, Receivers and Equitable DefencesPart 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 Complete Constitution of Express Trusts Trusts and Testamentary Dispositions: Secret Trusts and Mutual Wills Illegal Trusts Trusteeâ?Ts Duties Trusteeâ?Ts Powers Trustee and Beneficiary Rights Variation of Trust Trusts for Charitable Purposes Resulting Trusts Constructive Trusts
Index
PrefaceTable of Cases Table of StatutesPart I The Nature of Equity
The Nature of Equity The Origin of the Equity Jurisdiction The Relationship between Common Law and EquityPart II Equitable Principles
Equitable Proprietary Interests Characterisation of Equitable Proprietary Interests Equitable Priority Rules Equitable Assignments Fiduciary Obligations The Protection of Confidential Information Fraud in Equity Mistake in Equity Misrepresentation Undue Influence Unconscientious Dealings Estoppel Penalties ForfeiturePart III Equitable Relief
The Nature of Equitable Remedies Specific Performance Injunctions, Mareva Orders and Anton Piller Orders Declarations Pecuniary Relief in Equity Tracing Rescission, Rectification, Receivers and Equitable DefencesPart 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 Complete Constitution of Express Trusts Trusts and Testamentary Dispositions: Secret Trusts and Mutual Wills Illegal Trusts Trusteeâ?Ts Duties Trusteeâ?Ts Powers Trustee and Beneficiary Rights Variation of Trust Trusts for Charitable Purposes Resulting Trusts Constructive Trusts
Index