Equity

Equity

The Legal History of Equity

This section provides an overview of Equity

Equity and Trusts

Contents of Equity and Trusts

Contents of this subject matter include:

Part 1: HISTORY AND NATURE OF EQUITY

Introduction to Equity

Comparison between common law and Equity Historical development of Equity

Maxims of Equity

Judicature System and modern administration of Equity

PART 2: WHEN DOES EQUITY INTERFERE WITH CONTRACTS OR UPHOLD NON-CONTRACTUAL PROMISES?

Doctrines of Unconscionable Dealing and Undue Influence

Undue Influence – elements and application

Unconscionable Dealing – elements and application

Remedies

Estoppel

Categories of estoppel at common law and in equity Proprietary Estoppel

Promissory Estoppel

Remedies

PART 3: EQUITY AND PROPERTY – EQUITABLE INTERESTS IN PROPERTY AND ASSIGNMENT OF PROPERTY IN EQUITY

Equitable Estates and Interests

What is Property?

Multiple classification of equitable rights

Equitable proprietary interest, mere equity and personal equities

Examples of equitable proprietary interests

Assignment of Property in Equity

Equitable assignment of legal property

Equitable assignment of equitable property

Assignment of future property

Writing requirements for the assignment of equitable interests

PART 4: FIDUCIARY OBLIGATIONS AND LIABILITIES

Fiduciary Obligations

Scope and content of fiduciary duties

Rule against conflict of interest and duty

Rule against profits

Remedies for breach of fiduciary obligation

Liability of Third Parties for Breach of Fiduciary Obligation or Breach of Trust

The rule in Barnes v Addy

Knowing receipt

Knowing assistance

Remedies

PART 5: SOME SPECIFIC EQUITABLE REMEDIES AND PROCESSES

Tracing

Nature and purpose of tracing

Account of Profits

Nature of remedy

Calculation of account of profits

Equitable Compensation

Nature of the Remedy and its availability

Calculating Equitable Compensation

PART 6: TRUSTS

Trusts imposed by Law – Constructive Trusts

Nature of a constructive trust

Categories

Trusts imposed by Law – Resulting Trusts

Automatic resulting trusts

Presumed resulting trusts

Presumption of advancement Illegality

Express Trusts

Elements of a trust

Creation of Express Trusts

Types of Express Trusts, including Charitable

The three certainties: intention, topic matter, object

Complete constitution, secret and precatory trusts

Duties, Powers, Liabilities and Rights of Trustees, Rights of Beneficiaries

Duties of a trustee

Powers of a trustee

Rights of a trustee

Liability of a trustee for breach of trust

Rights of beneficiaries and beneficiaries under a discretionary trust

Equity

Embracing mainstream international law, this section on equity explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

  • The entry “equity” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading


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