DISTINCTION - JURD7285 NOTES FOR FINALS - Comprehensive and concise notes for content covered in JURD7285 EQUITY AND TRUST - Clearly labelled and separated sections - Includes all relevant statutory provisions - Made up of lecture notes, content from textbooks, some exam prep in the form of simple easy-to-understand flowcharts for more complex topics and my own individual summaries and concepts - UP TO DATE T1, 2019 - Used these notes to obtain a close to HD mark of 84 TOPICS COVERED: - History of Equity (Maxims) - Fiduciary Relationships (Identification, Scope, Fiduciary Duties, Informed Consent, Contracting Out FDs - Equitable Property - Law of Assignment (Gifts, Consideration, Debts, Future Property, Statutory Requirements, Equitable Assignment) - Express Trusts (Certainty Requirements, Types of Trusts, Comparisons, Trust Powers, Declaration of Trust, Trusts and Public Policy, - Trustee Duties (Investment of Trust Funds, Ethical Considerations) - Trustee Rights and Liabilities (Right of Indemnification, Right to Seek Instructions, Right to Impound Beneficiary's Interest etc) - Beneficiary Rights - Breach of Trust (Exculpation Clauses, Statutory Exculpataions, Equitable Defences, Standing to Sue) - Tracing - Priorities - Third Party Liability (Knowing Recipient, Knowing Assistance) - Equitable Personal Monetary Remedies (Account of Profits, Equitable Compensation - Substitutive, Reparative, Exemplary Damages) - Bars to Relief (Laches, Acquiescence, Unclean Hands, Hardship, Effect on Third Parties) - Resulting Trusts (Presumption of RT, Presumption of Advancement, Exceptions, Quistclose Trusts) - Constructive Trusts (Common Intention, Baumgartner, Estoppel, Stolen Money, Bribes, Breach of FD, Unjust Enrichment/Mistake, Mutual Wills, Specifically Enforceable Contract)


Term 1, 2019

110 pages

78,664 words



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