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Class Notes for LAW 2502 at University of Adelaide

Equity

LAW 2502 Lecture Notes - Lecture 2: Beneficiary Principle, Legal Personality, Christopher Slade

ADELAIDE LAW SCHOOL LAW2502 EQUITY David Wright Week 3, Semester 1, 2018 Trusts Summary (Part Two) 6. Certainty of Objects A. Introduction A trust MUST be created either in favour of any legal person to whom a gift can leg...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 2: Fiduciary, Fide, Rule Against Perpetuities

ADELAIDE LAW SCHOOL LAW2502 EQUITY David Wright Week 2, Semester 1, 2018 TRUSTS SUMMARY (PART 1) 1. INTRODUCTION TO ALL TRUSTS A. Introduction The trust is perhaps the greatest invention of Equity. Trusts are extremely com...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 9: Settlor, Fiduciary, Fide

Equity Claim Skeleton Weaving in caselegislative authority . Is authority for the proposition that. In these circumstances therefore. . Is authority that there is justification for a .. The application of s.. will result i...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 8: Equitable Remedy, Knowing Receipt, Unconscionability

CONSTRUCTIVE TRUSTS STEP 1: CT shares core elements of a express or resulting trust (subject matter, trustee, beneficiary and personal obligation attaching to property) however differs in formation, as it is imposed by the...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 7: Financial Adviser, Contributory Negligence, Clean Hands

FIDUCIARY OBLIGATIONS at slide 79 PQ SUMMARY Key facts to look for: bad advice from solicitor; agent not telling principal of circumstances boosting their bargaining power; partner screwing over the other in a business dea...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 4: Westpac, Tom Hateley, Metcash

FRAUD IN EQUITY STEP 3: Elements, per Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, per Brennan J at 4289 Precise and operates via discrete doctrines 1. RESPRESENTATION: The P assumed that a Unconscionability...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 6: Unconscionability, Problem Gambling, Gambling

UNCONSCIONABLE TRANSACTONS Difference between UI and UC UI: will of innocent party not independent and voluntary because it is overborne UC: focus on conduct of D STEP 1: ELEMENTS of UC 1. UC is a ground of relief which wi...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 5: Owen Dixon, William Deane, Freemasonry

BACKGROUND cheating, generally some personal advantage over weaker Allcard v Skinner 1. Equity may set a contract aside if it can be 3. once established by P, onus is upon D to shown that the relationship between the parti...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 3: Beneficial Interest, Settlor, Copyright Formalities

RESULTING TRUSTS ii. Failure to dispose of entire beneficial interest settlor disposes only part of the NATURE estate to named beneficiaries resulting or implied trust which arises by Residue held on trust by trustee on pr...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 2: Settlor, Beneficiary Principle, Bailment

TRUSTS DISTINGUISH FROM OTHER LEGAL RELATIONSHIPS Look to intention of the settlor and draw inferences did they intend to create a trust? Re Gardiner 1. Bailments a. Bailor leaves personal property with bailee b. Bailee on...

Law
LAW 2502
David Wright
LAW 2502 Lecture Notes - Lecture 1: Supreme Court Of Judicature Act 1873, Judicature Acts, Supreme Court Act

ORIGINAL NATURE OF EQUITY Earl of Oxfords case (1615): conflict between law and equity equity prevails Equity = body of cases, maxims, doctrines, rules, principles and remedies developed and administered in 1616 crisis thr...

Law
LAW 2502
David Wright
Introduction to Business Law - Reference Guides

Business law, sometimes referred to as corporate-commercial law, is a system of governance and regulations in connection with the creation, existence and dissolution of businesses. Today, Canadian businesses are governed b...

BLAW - Business Law
BLAW 464
All Professors
Permachart - Marketing Reference Guide: Multilateral Treaty, European Economic Community, Statute Of The International Court Of Justice

l e a r n • r e f e r e n c e • r e v i e w permacharts TM International Law APPLICATIONS TREATIES ...

Commerce
COMM 404
All Professors
Permachart - Marketing Reference Guide: National Environmental Policy Act, Municipal Solid Waste, Criteria Air Contaminants

l e a r n • r e f e r e n c e • r e v i e w permacharts TM EEnvironmental Law ENVIRONMENTAL REGULATION NATIONAL ENVIRONMENTAL POL...

LAW
LAW 356
All Professors
Permachart - Marketing Reference Guide: Defeasible Estate, Leasehold Estate, Future Interest

l e a r n • r e f e r e n c e • r e v i e w permacharts TM PProperty Law ESTATES DESTRUCTIBILITY ...

LAW
LAW 253
All Professors

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