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
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
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?
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
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
Tracing
Nature and purpose of tracing
Account of Profits
Nature of remedy
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
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
- Equity in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Equity in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
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