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OverviewThis 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. Full Product DetailsAuthor: Samantha HepburnPublisher: Federation Press Imprint: Federation Press Edition: 4th Revised edition ISBN: 9781862877108ISBN 10: 1862877106 Pages: 640 Publication Date: 31 March 2009 Format: Paperback Publisher's Status: Active Availability: Available from one of our local or international suppliers.  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. Table of ContentsPart 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 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, Mareva Orders and Anton Piller Orders Declarations Pecuniary Relief in Equity Tracing Recission, Rectification, Receivers and Equitable Defences 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 Complete Constitution of Express Trusts Trusts and Testamentary Dispositions: Secret Trusts and Mutual Wills Illegal Trusts Trustee's Duties Trustee's Powers Trustee and Beneficiary Rights Variation of Trust Trusts for Charitable Purposes Resulting Trusts Constructive Trusts IndexReviews...offers a current analysis of the doctrines and remedies that compromise the equitable jurisdiction. ...provides busy practitioners, academics and students with a vast array of topics...the work is complemented by an extensive and easy to navigate index, which will greatly assist any research task. This is a welcome addition to the body of works on equitable principles, especially for students. - Australian Banking and Finance Law Bulletin, (2009) 25(4) & (5)BLB Author InformationTab Content 6Author Website:Countries AvailableAll regions |
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