LLB205 Equity and Trusts Exam Notes

Description

Weeks 1-13 + case notes for all required readings Maxims Unconscionable Conduct - Undue Influence and Unconscionable Bargains Equitable Obligations Obligations of Confidence Fiduciary Obligations Unconscionability Equitable Estoppel Failed Joint Endeavours (Constructive Trusts) Remedies Monetary Remedies Approach 1. Equitable Compensation 2. Lord Cairns’ Act Damages 3. Account of Profits Personal Remedies Specific Performance Injunctions Nature, Description and Classification Discretionary Trusts Distinguishing Trusts from Other Relationships - Power, Agency or Debt The Creation of Express Trusts - Capacity and the Three Certainties The Constitution of Trusts Valid Assignment and Requirements of Writing and Form Trust Inter Vivos - during lifetime Requirements of writing - PLA s 11 Requirements of Form Trust Post Mortem - after death Charitable and Purpose Trusts Anomalous purpose trusts Trusts for Unincorporated Associations Charitable Trusts Enforcement and Administration of Charitable Trusts Resulting Trusts Trusteeship Appointment and Removal of Trustees Trustees Powers, Duties and Discretions Rights of Beneficiaries & Remedies - Breach of Trust Rights Of Beneficiaries Remedies for Breach of Trust