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Equity and Trusts in Australia

2nd Edition

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  • Date Published: May 2018
  • availability: In stock
  • format: Paperback
  • isbn: 9781316621943

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  • Incorporating recent case law developments, the second edition of Equity and Trusts in Australia provides undergraduate and Juris Doctor students with a current and accessible introduction to Australian equitable and trust law. Expanding upon first edition content, the text includes greater depth of topic discussion, explanation of key theories and terminology, while demonstrating how these are applied in practice. Chapters including Fiduciary Obligations, Resulting Trusts and Constructive Trusts have been reworked to strengthen the text's coverage of all facets of equity and trusts law. Equity and Trusts in Australia, second edition links key doctrines to their wider relationship with the law, making it a fundamental text for students embarking on this area of study for the first time.

    • Focuses exclusively on topics that L.L.B. and J.D. students typically cover
    • Connects theory with practice - application boxes show how theories relate to real applications Clearly explains the relationship between equitable doctrines and equitable remedies by addressing these earlier in the earlier chapters
    • Essential concepts are explained in jargon-free terminology without loss of accuracy
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    Product details

    • Edition: 2nd Edition
    • Date Published: May 2018
    • format: Paperback
    • isbn: 9781316621943
    • length: 444 pages
    • dimensions: 247 x 174 x 23 mm
    • weight: 0.8kg
    • contains: 4 b/w illus.
    • availability: In stock
  • Table of Contents

    Part I. Introduction:
    1. An overview of equity
    Part II. Equitable Remedies:
    2. An introduction to equitable remedies
    3. Specific performance, injunctions and equitable damages
    4. Monetary remedies in equity
    5. Rescission, rectification and declarations
    6. Bars to relief
    Part III. Equity, Contract and Property:
    7. Equity in contract law
    8. Equitable proprietary interests
    9. Equitable assignments
    Part IV. Equitable Obligations:
    10. Fiduciary obligations
    11. Participants in a breach of fiduciary obligation
    12. Breach of confidence
    Part V. Express Trusts:
    13. The concept of the express trust
    14. Certainty requirements in the law of trusts
    15. Creating an express trust
    16. Trusts for charitable and non-charitable purposes
    Part VI. Performing the Trust:
    17. Trustees' duties and powers
    18. Investment of trust funds
    19. Trustees' rights and liabilities
    Part VII. Breach of Trust:
    20. Breach of trust: defences and remedies
    21. Tracing
    Part VIII. Non-Consensual Trusts:
    22. Resulting trusts
    23. Constructive trusts.

  • Resources for

    Equity and Trusts in Australia

    Michael Bryan, Vicki Vann, Susan Barkehall Thomas

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  • Authors

    Michael Bryan, University of Melbourne
    Michael Bryan was educated at the University of Oxford and at the University of London. He taught equity, trusts and restitution at the University of Melbourne for over twenty-five years, having previously taught at the University of Oxford and Queen Mary College London University. He is also an editor of the practitioner work, The Law of Trusts (2001).

    Vicki Vann, Monash University, Victoria
    Vicki Vann graduated from the University of Queensland, with Bachelor degrees in Arts and Law (Honours). She was awarded a Master of Laws degree from Monash University in 1997, and Ph.D. in 2005. Vicki Vann's academic interests lie in the law of civil obligations, particularly equity, trusts and remedies. Vann is admitted to practice in both Queensland and Victoria, and has taught at universities in both states. She is Adjunct Associate Professor at Monash University, Victoria, and has published widely in the field of equity and trust law, including Equity and Trusts in Australia, (Cambridge, 2012) with Michael Bryan.

    Susan Barkehall Thomas, Monash University, Victoria
    Susan Barkehall Thomas practised in a commercial law firm in the areas of general corporate, intellectual property, and tax before joining Monash University, Victoria, in 1995. Her principal areas of interest are Equity, Trusts and Restitution. She is interested in the law and economics movement, in particular the application of law and economics analysis to equity and restitution. Susan has also taught property and tax. She completed a major Masters thesis in 1999, and a Ph.D. in 2012. She has presented at conferences and published numerous articles in refereed journals in Australia and overseas on topics in her areas of expertise.

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