83/100 Equity Notes (Comprehensive, Easy to Follow)

Description

High quality Equity (LAWS2015/LAWS5015) notes for the University of Sydney. I used these notes to achieve a Distinction of 83 overall (2 marks off HD) These notes cover the substantive topics in the course (as they existed in 2024): 1: History 1: The History & Nature of Equity What is equity? Equity’s conscience Maxims of Equity Judicature Acts Equity & CL Fusion fallacy BAD Case examples Good case examples 2A: Breach of Confidence (Application of the Conscience of Equity) Generally Contractual duty of confidence Equitable duty of confidence 2B: Estoppel (Application of the Conscience of Equity) Query an overarching doctrine of estoppel (1) Contract (2) Common law estoppel (3) Equitable estoppel (3A) Promissory estoppel (contract) (3B) Proprietary estoppel (interests in land) 3A: Specific performance (Remedial equity) 3B: Injunctions Equitable Compensation 3C: Damages under Lord Cairns’ Act Power 4: Nature and Constitution of Trusts Nature and Classification of Trusts Three Certainties (Knight v Knight (1840) 49 ER 58, 63) (1) Intention () Other things they may have intended that are not trusts (2) Certainty of subject-matter (property to be held on trust) (3) Certainty of objects (4) Beneficiary Principle 10: Charitable purpose trust NB: 1: DOES THE TRUST HAVE A CHARITABLE PURPOSE UNDER A HEAD OF CHARITY? 2: MIXED PURPOSES (2) Public benefit test (3) Cy-prés scheme (saving a charitable trust) 5: Operation of Express Trusts (1) Trustee: Duties, Powers, Rights and Liabilities (2) Beneficiary Rights 6: Fiduciary Obligations Fiduciary Duties (1) Existence of a fiduciary relationship (2) Nature & Scope of the fiduciary relationship (3) Breach of fiduciary duties (4) “Defence” - Equitable Allowance (4) Defence - Fully informed consent (4) Other Defences (5) Remedies 7: Resulting Trusts (1) Generally (2) Automatic Resulting Trusts (3) Presumed Resulting Trusts (4) Resulting Trusts and Illegality (5) Quistclose type transactions (quistclose ‘Trust’) 8: Constructive Trusts : Generally : Constructive Trusts and Third Parties : Constructive Trusts and Unconscionable Conduct 9: Tracing Nature Is there an equitable right to trace? Profits from choses in action Principles