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Equity and Trusts in Australia


ISBN13: 9780521676632
Published: October 2012
Publisher: Cambridge University Press
Country of Publication: Australia
Format: Hardback
Price: £99.99



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Equity and Trusts in Australia is a practical and engaging introduction to equitable and trusts law in Australia.

Drawing on the authors' collective 45 years of teaching experience, this text is carefully designed to cater to the needs of undergraduate law and Juris Doctor students approaching equity and trust law for the first time. The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples.

Comprehensively cross-referenced, it draws links between equitable and trusts doctrines and their wider relationships to the law. The companion website, at www.cambridge.edu.au/academic/equity is an invaluable resource for students and lecturers, featuring further reading, discussion points and practice exercises and solutions.

Subjects:
Equity and Trusts, Other Jurisdictions , Australia
Contents:
Part I. Introduction:
1. An overview of equity

Part II. Equitable Remedies:
2. An introduction to equitable remedies
3. Specific performance, injunctions and equitable damages
4. Monetary remedies in equity
5. Rescission, rectification and declarations
6. Bars to relief

Part III. Equity, Contract and Property:
7. Equity in contract law
8. Equitable proprietary interests
9. Equitable assignments

Part IV. Equitable Obligations:
10. Fiduciary obligations
11. Participants in a breach of fiduciary obligation
12. Breach of confidence

Part V. Express Trusts:
13. The concept of the express trust
14. Certainty requirements in the law of trusts
15. Creating an express trust
16. Trusts for charitable and non-charitable purposes

Part VI. Performing the Trust:
17. Trustees' duties and powers
18. Investment of trust funds
19. Trustees' rights and liabilities

Part VII. Breach of Trust:
20. Breach of trust: defences and remedies
21. Tracing

Part VIII. Non-consensual Trusts:
22. Resulting trusts
23. Constructive trusts.