07 EQUITY - LPAB - Reference to Case Law and Legislation

Description

This document is a summary of the 6th edition textbook (it cites specific 6th ed sections/pages). Topics - Chapters covered - What is equity? (nature of equity, relationship with common law, maxims, unconscionable conduct - Nature of equitable interests + dealings with equitable interests (types of equitable interests, “mere equity”, how interests are created)- Priorities in proprietary rights (law of priorities) - Law of assignment (assignment at law - assignment in equity) - Confidential information (Ch 9)/ breach of confidence - Fiduciary obligation (Ch 10) - Proprietary estoppel (Ch 14): relief (how courts craft remedies) - Introduction to trusts (Ch 20) (elements, nature/creation of trusts) - Creation of express trust (Ch 21) - Secret trusts & half-secret trusts (requirements and forms) - Varying and terminating express trusts (Ch 22) - Rule against perpetuities (incl “wait and see” reforms) - Charitable trust (Ch 23 ) - Administration of charitable trusts (Ch 24) (AG role, schemes/cy-près) - Resulting trusts (Ch 25) - Express trust (Ch 27) - Constructive Trust (Ch 35) and Remedial Constructive Trust (Ch 36) - Trustees (Ch 26) (appointment, removal and retirement of trustees; rights, powers and duties) - Beneficiaries (Ch 27) (interests, rights and remedies) - Breach of trust - Remedies for breach of trust - EQUITABLE REMEDIES AND DEFENCES (Ch 28) - SPECIFIC PERFORMANCE (ch 29) - INJUNCTION (Chapter 30) - Freezing orders (Ch 31) - Search (‘Anton Piller’) Orders (Chapter 31) - EQUITABLE DAMAGES - Equitable compensation - TRACING (Chapter 37) - OTHER EQUITABLE REMEDIES (Chapter 38) (1. Account for profits; 2. receivers; 3. delivery up and cancellation of documents)