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Description

These are exam-focused study notes for Equity and Trusts (MLP405) that helped me score 92 in the final exam. I have structured these notes to be used in the exam itself rather than for general learning, I have specifically designed to anticipate the kinds of questions that come up: the structure, signposting, and worked frameworks all follow how you would actually answer exam questions during the 2 hour 45 minute exam. I have cut out all of the useless materials such as the week 1 introductory content which you might find in other notes. I have also ensured that all points of law are backed up with appropriate citations. There is absolutely no general filler content contained within these notes. THESE NOTES ARE FOR SOMEONE WHO JUST WANTS TO SCORE A GOOD MARK ON THE EXAM AND NOTHING ELSE. Topics covered: - Equitable fraud: undue influence (the classes of UI, defences, and third-party/surety cases such as Yerkey and Garcia) and unconscionable conduct (the Amadio elements) - Fiduciary relationships: established and circumstantial categories, scope, breach, and defences - Equitable and fiduciary remedies: equitable compensation, specific performance, injunctions (including Mareva and Anton Piller orders), Lord Cairns Act damages, account of profits, constructive trusts, and tracing - Estoppel: promissory and proprietary - Equitable assignment, including future property - Nature and classification of trusts: express, resulting, constructive, and Quistclose trusts - Creation of express trusts: certainty of intention, statutory formalities, and certainty of subject matter and objects - Trustees' and beneficiaries' rights and duties - Charitable trusts, plus non-charitable purpose trusts and unincorporated associations I am only selling these notes now bc I am in postgrad and currently do not earn a living wage through my phd stipend.


Deakin

Trimester 1, 2025


31 pages

13,887 words

$39.00

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Campus

Deakin, Geelong Waterfront

Member since

March 2023