LAW5008 Principles of Equity Exam HD Notes

Description

Breach of Confidence (BOC) Personal remedies in Equity Injunction and Specific delivery Equitable rescission Accounts of profits (AOP) Equitable compensation (EC) Equitable defences for personal remedies Breach of Fiduciary Duty (BOFD) Step 1 – Fiduciary relationship Step 2 – Scope of fiduciary Relationship (FR) . Step 3 – Breach The conflicts rule The profits rule Step 4 – Defences Step 5 – Remedies Proprietary Remedies in Equity Constructive trust (CT) Equitable lien (EL) Tracing Bankruptcy considerations No mixing Mixing by fiduciary/Substitute Asset without mixing (Foskett) Tracing into the hands of third parties Step 6 – Third party liability Knowing receipt Knowing assistance Knowingly induce (KI) Personal remedies against [3P] Assignment of Property Rights in Equity