H1 Equity and Trusts hypo notes

Description

E&T hypothetical notes prepared for exam use, complete with descriptions, case summaries, diagrams, and pre-written sentences. Topics include: TOPIC 1. WELCOME TO THE SUBJECT AND INTRODUCTION TO EQUITY What is equity? The role of conscience in equity TOPIC 2. FIDUCIARY RELATIONSHIPS Fiduciary Relationships Fiduciary Duties/Obligations TOPIC 3. AN INTRODUCTION TO THE TRUST What is a Trust? The History, Functions and Nature of the Trust TOPIC 4. EXPRESS TRUSTS Creating an Express Trust: Formal Requirements Certainty of Intention Certainty of Subject Matter Certainty of Objects Trust and Debt: The ‘Quistclose Trust’ Charitable Purpose Trusts TOPIC 5. TRUSTEES’ DUTIES An Overview of Trustees’ Duties Duties Relating to Investment Case Study: Stolen Wages TOPIC 6. RESULTING TRUSTS Beneficial Ownership – Non-Exhaustive Provision TOPIC 7. CONSTRUCTIVE TRUSTS Introduction Disputes over Family Assets Common Intention Unconscionable Assertion of Title Constructive Trust for Breach of Fiduciary Duty TOPIC 8. REMEDIES FOR BREACH OF TRUST/FIDUCIARY DUTY Personal Remedies against the Trustee/ Fiduciary Barnes v Addy Liability Receipt Assistance Recovering Misapplied Property: Tracing, the remedies to which tracing gives access, and defences to equitable tracing Tracing