Principles of Equity and Trusts 5th edition

Samantha Hepburn (Autor)

Buch | Softcover

752 Seiten

2016
Federation Press (Verlag)
978-1-76002-053-8 (ISBN)

Infos

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.

Autor

Professor Samantha Hepburn is one of AustraliaaEURO (TM)s 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.

Inhalt

CONTENTS
Preface
Table of Cases
Table of Statutes

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 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
Rescission, 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
TrusteeaEURO (TM)s Duties
TrusteeaEURO (TM)s Powers
Trustee and Beneficiary Rights
Variation of Trust
Trusts for Charitable Purposes
Resulting Trusts
Constructive Trusts


Index

Produkt-Details

• Erscheinungsdatum: 19.11.2016
• Verlagsort: Annandale, NSW
• Sprache: englisch
• Maße: 156 x 234 mm
• Gewicht: 1090 g
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Wirtschaftsrecht ► Gesellschaftsrecht
• ISBN-10: 1-76002-053-2 / 1760020532
• ISBN-13: 978-1-76002-053-8 / 9781760020538
• Zustand: Neuware