A Sourcebook on Equity and Trusts in Australia
Cambridge University Press
Edition: 2, 10/2/2019
EAN 9781108703109, ISBN10: 1108703100
Paperback, 666 pages, 24.6 x 18.3 x 3.4 cm
Language: English
Originally published in English
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.
Part I. Introduction
1. Introduction
Part II. Equitable Remedies
2. An introduction to equitable remedies
3. Specific performance, injunctions and equitable damages
4. Monetary remedies in equity
5. Recission and rectification
6. Bars to relief
Part III. Equity, Contract and Property
7. Equity and contract
8. Equitable proprietary interests
9. Equitable assignments
Part IV. Equitable Obligations
10. Fiduciary relationships
11. Third party participation in a breach of fiduciary obligation
12. Breach of confidence
Part V. Express Trusts
13. The concept of an express trust
14. Certainty requirements in the law of trusts
15. Creating an express trust
16. Trusts for charitable purposes
Part VI. Performing the Trust
17. Trustees' duties and powers
18. Investment of trust funds
19. Trustees' rights
Part VII. Breach of Trust
20. Breach of trust
defences and remedies
21. Tracing
Part VIII. Resulting and Constructive Trusts
22. Resulting trusts
23. Constructive trusts
24. Termination and variation of trusts.