Equity and Trusts in Australia


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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.

Promotional Information

Equity and Trusts in Australia, second edition provides undergraduate and Juris Doctor students with an accessible introduction to equity and trust law.

About the Author

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 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 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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