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Equity & Trusts: Commentary & Materials, 8th Edition

Equity & Trusts: Commentary & Materials, 8th Edition

作者： Gino Dal Pont
出版商： Lawbook Co.
ISBN: 9780455246772
出版时间 January 2023
规格： Paperback , 1323 pages
适应领域： Australia ? 免责申明：
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The eighth edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, maintaining its focus on prefacing case and statutory extracts by statements of principle to guide the student, and following extracts by comments and questions that both test the reader’s understanding and develop aspects of extracted material. Every effort has been made to make the work as accessible to the student as possible – in the main by ensuring that most extracts are not unduly lengthy – while at the same time focusing, chiefly via questions and commentary, on the learning outcomes essential to the study of equity and trusts.

This new edition includes extracts from important High Court judgments delivered since late 2018, including Australian Securities and Investments Commission v Kobelt on unconscionable dealing, and Pipikos v Trayans on part performance. Other significant decisions, including from the Singapore Court of Appeal in BOK v BOL on unconscionable dealing, the New Zealand Supreme Court in 127 Hobson Street Ltd v Honey Bees Preschool Ltd on penalties, and the Australian High Court in Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth on trustees’ rights, are the subject of briefer extracts and commentary in the notes. The latter also make frequent reference to relevant provisions in the Trusts Act 2019 (NZ) as a comparator.

The eighth edition, to this end, retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.

Equity and Trusts: Commentary and Materials works as an ideal companion to the eighth edition of Equity and Trusts in Australia, which adopts the same chapter order and structure. Being written by the same author, the text and casebook present a consistent style and approach, making them ideal for teaching on equity courses, trusts courses or combined equity and trusts courses.
Part I Equitable Interests

Chapter 1 Nature and Types of Equitable Interests

Chapter 2 Equitable Priorities

Chapter 3 Assignments in Equity

Part II Relationships of Trust

Chapter 4 Fiduciary Relations

Chapter 5 Government and the Public Trust

Chapter 6 Confidential Information

Part III Unconscionable Conduct

Chapter 7 Undue Influence

Chapter 8 Fraud and Mistake

Chapter 9 Unconscionable Dealing

Chapter 10 Estoppel

Chapter 11 Relief Against Forfeiture

Part IV Unfair Outcomes

Chapter 12 Part Performance

Chapter 13 Penalty Clauses

Chapter 14 Subrogation, Contribution and Marshalling

Chapter 15 Deceased Estates

Part V Trusts

Chapter 16 Nature of a Trust

Chapter 17 The Requisite Certainties

Chapter 18 Formalities and Complete Constitution

Chapter 19 Legality of Trusts

Chapter 20 Beneficiaries

Chapter 21 Trustees

Chapter 22 Duties of Trustees

Chapter 23 Powers and Rights of Trustees

Chapter 24 Breach of Trust

Chapter 25 Variation, Resettlement and Termination of Trusts

Chapter 26 Resulting Trusts

Chapter 27 Trusts for Commercial Purposes

Chapter 28 Trusts for Investment

Chapter 29 Charitable Trusts

Part VI Equitable Defences

Chapter 30 Equitable Defences

Part VII Equitable Remedies

Chapter 31 Injunctions

Chapter 32 Mareva and Anton Piller Orders

Chapter 33 Specific Performance

Chapter 34 Compensation, Damages and Account of Profits

Chapter 35 Rescission

Chapter 36 Receivership

Chapter 37 Declarations, Rectification and Specific Restitution

Chapter 38 Constructive Trusts

Chapter 39 Tracing

Index

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