Trusts, trustees and equitable remedies - text and materials this book is an up-to-date and detailed guide on the law of equity and trusts complex topics are explained clearly and succinctly, featuring in-depth discussions on relevant case law. When a, the tenant of retail premises comprising the main unit in a shopping centre, closed its supermarket in breach of a keep open covenant in the lease because it was operating at a loss, c, the landlord, sought specific performance of the covenant and/or damages. In general, the leading court cases on equitable doctrines and remedies are very old the fact that they still have the power to determine modern cases proves that equity is inherently adaptable originally developed by the old court of chancery in constructive competition with the common law courts, equity is now applied (since the judicature acts 1873–1875) by the unified supreme court of.
The system of equitable remedies trusts, equitable liens, and specific performance the remedies classified as legal include damages, mandamus, habeas, and replevin on the declaratory judgment, see infra note 80 8 each consequence of classification mentioned in this paragraph is further discussed below 4. “do equity to get equity” (rest 2d § 364) a court may refuse to grant equitable relief if the party requesting such relief did not act fairly in forming the contract or if denial of equitable relief would cause great hardship to the breaching party. Edward&chen& 3& & subject2matter2of2the2dispute,2or2on2a2final2and2permanent2basis2 specific2performance2. Equitable remedies are a distinct category of remedies that can be obtained in a breach of contract situation in general, remedies may be divided into two categories: legal and equitable in general, remedies may be divided into two categories: legal and equitable.
In the context of equitable remedies d hayton, c mitchell, commentary and cases on the law of trusts and equitable remedies (2005) 12th edn, london: sweet & maxwell m wilkie et all, blackstone’s question and answers on equity and trusts (2006) oxford: oxford university press. Posts about equitable principles written by travismitchell almost 12 months ago, i re-blogged dominique hogan-doran’s post about the mechanics of proving the contents of a lost trust deed (here. Chapter 1: equitable remedies chapter 2: intention to create a trust chapter 3: discretionary trusts chapter 4: resulting trusts chapter 2: intention to create a trust the intention to create a trust is one of the “three certainties” problems can arise where the alleged settlor’s words (spoken or written) are ambiguous,. In the light of a recent court of appeal decision, great care should be exercised in choosing the court in which to issue proceedings claiming an equitable interest in the property of a bankrupt. 2 advanced equity and trusts law introduction this course intends to focus on aspects of equity and trusts in two specific contexts: commerce and the equitable remedies and the nature for equity} due to the nature of the llm – and the movement of people through various courses.
All images have been used for educational purposes. The characteristics of equitable remedies: the situations in which a grant of the remedies of injunction, specific performance, rescission and rectification would be appropriate. Remedies for breach of trust: buy-out in most cases of oppression, where the plaintiff is at the mercy of a majority that has and will continue to utilize the corporation to impair and destroy all benefit of share ownership to the minority, the only adequate remedy is to buy-out the plaintiff for the fair value of what he has lost. Topic 2– undue influence and unconscionable transactions equity & trusts 70517 a introduction equity’s jurisdiction to set aside transactions in brusewitz v brown  nzlr 1106 salmond j observed that, “the mere fact that a transaction is based on an inadequate consideration or is otherwise improvident, unreasonable, or unjust is not in itself any ground on which this court can set it.
For a brief outline of the maxims, doctrines and remedies developed under equity: watt, gary (29 march 2007) todd & watt's cases and materials on equity and trusts (6th ed) oxford university press. Equity and trusts is an ideal choice for all undergraduate and gdl students looking for a comprehensive yet accessible textbook on this complex area of law the author’s clear writing style, plentiful explanations and focus on modern case law demystify difficult concepts and help to bring the subject to life. Western sydney university - 200016 - equity trusts and remedies 1 this was my assignment for equity and trusts it goes through the history and nature of equity and the equitable maxims 2 ex credits 2 exchange credits view details 9 pages e and t notes this student studied.
Remedies revision the following is a plain text extract of the pdf sample above, taken from our gdl equity and trusts notesthis text version has had its formatting removed so pay attention to its contents alone rather than its presentation. Proprietary remedies for breach of trust 1 remedies for breach oftrust06/14/13equity & trust ii(dr zuraidah)1 2 learning objectives• students will be able i) to know the remedies for breach of trustii) to understand the concept of personalremedies against the trusteeiii) to learn about proprietary remedies and itsadvantages. Learn trusts equity remedies with free interactive flashcards choose from 500 different sets of trusts equity remedies flashcards on quizlet. The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone.