Description

These notes include everything you need to know for the closed-book exam and are written in the structure I recommend memorising for the exam. I only used these for the tutorials / exam preparation. Key: Pink - case law that is unfavourable for the plaintiff Green - case law that is favourable for the plaintiff Yellow - key points Blue - citations Topic List: [1] Breach of Confidence - Elements - Defences - Remedies [2] Fiduciary Relationships / Breach of Fiduciary Duty - Accepted categories of fiduciary duty - Non-standard categories - Scope of fiduciary relationships - Breach of fiduciary duty > Conflicts rule > Profits rule - Defences - Third Party Liability - Remedies [3] Personal Remedies - Specific performance - Injunction and specific delivery - Declarations - Equitable rescission - Account of profits - Equitable compensation - Damages in lieu of injunction/specific performance ('LCA damages') - Equitable defences [4] Proprietary remedies - Constructive trust - Equitable lien - Tracing rules - Bank account rules [5] Assignment of property rights Whole topic included.


Monash

Semester 2, 2017


20 pages

6,841 words

$39.00

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