LAWS5015 Final: LAWS5015-Equity-Notes
Document Summary
Topics: (1) the history & nature of equity (6) trustees" powers & duties & the rights of. Bene ciaries regarding administration (2) the conscience of equity (7) resulting trusts (3) remedial equity (8) constructive trusts (4) the nature and classi cation of trusts (9) tracing, the in personam claim & accountability (5) charitable & non-charitable purpose trusts. Table of contents (1) the history & nature of equity. 6 (ii) the effects of the judicature act and the fusion fallacy 9 (a) the judicature acts! (b) the fusion fallacy! (ii) fact-based fiduciaries! (c) relief - what should the extent of the remedy be, and what form should the remedy take? (3) remedial equity (i) specific performance 40 (i) the defence of informed consent! (ii) chan v zacharia defence! (e) what are the remedies that are available to the principal? (a) does a duciary relationship exist? (i) status-based (presumed) fiduciaries! Constructive trust (gain based remedy): proprietary claim !
