Published Nov 2012 (LexisNexis)
ISBN: 9780409331240. Soft cover.
Description
Radan, P; Stewart, C
Principles of Australian Equity and Trusts provides an approachable and well-structured account of the principles and rules of equity and trusts. The book is designed to equip students with the skills to analyse fact situations and correctly identify the relevant principles of the law of equity and trusts applicable to the resolution of problems. The clear and accessible style of the authors makes this an ideal text for students new to the study of equity and trusts.
The second edition of Principles of Australian Equity and Trusts has been fully revised and updated to include recent developments in case law and the legislative changes in Australian Consumer Law, especially on statutory unconscionability. New cases include: -Equuscorp Pty Ltd v Haxton (2012) -John Alexander's Clubs v White City Tennis Club (2010) -Delaforce v Simpson-Cook (2010) -Byrnes v Kendle (2011) -Aid/Watch Inc v FCT (2010) -Pitt v Holt (2011) -Franklins Pty Ltd v Metcash Trading Ltd (2009). The text is suitable for standalone use or with the companion casebook Radan, Stewart and Vickovich, Principles of Australian Equity and Trusts: Cases and Materials. The textbook and casebook follow the same chapter order and structure and plentiful cross-referencing makes it easy to use the books in tandem.
Peter Radan is Professor of Law at Macquarie Law School, Macquarie University.
Cameron Stewart is Professor of Law at the Sydney University Law School.
Table of Contents
Pt 1: History and Nature of Equity 1. History of Equity 2. The Nature of Equity 3. The Relationship of Law and Equity Pt II: Equitable Interests and Transactions 4. Nature of Equitable Estates and Interests 5. The Law of Assignment 6. Dispositions of Equitable Interests and the Requirement of Writing 7. Priorities Pt III: Unconscionable Dealings 8. Confidential Information 9. Fiduciary Obligations 10. Undue Influence 11. Unconscionable Transactions Pt IV: Relationships of Trust 12. Equitable Estoppel 13. Relief Against Forfeiture 14. Penalties Pt V: Trusts 15. Introduction to Trusts 16. Creation of Express Trusts 17. Variation and Termination of Trusts 18. Charitable Trusts 19. Resulting Trusts 20. Trustees 21. Beneficiaries Pt VI: Remedies 22. Declarations 23. Specific Performance 24. Injunctions 25. Mareva and Anton Piller Orders 26. Equitable Compensation and Damages 27. Rescission 28. Constructive Trusts 29. Tracing 30. Other Equitable Remedies 31. Equitable Defences
