Monash

Semester 2, 2017


LAW3111 Equity Exam Notes (2017 HD, 85)

20 pages

6,841 words

$39.00

23

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.