Outline of Equity and Trusts
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By: Michael Evans, Michael Evans (LL. B.)
Third edition of a legal text for both students and practitioners that provides a statement of the principles of equity including those dealing with the law of trusts and equitable remedies. The text is based on principles with cases used as authority for statements of principle and to illustrate the application of these principles. The law is as stated on 14 August, 1996. Includes table of cases, table of statutes and an index. The author is a barrister of the Supreme Court of NSW and High Court of Australia and a senior lecturer in the faculty of law and legal practice at UTS.
AI Overview
The book "Outline of Equity and Trusts" by Michael Evans is a comprehensive textbook that systematically covers the principles of equity and trusts. Here is a detailed overview of the book:
Key Themes
- Equity's History and Maxims: The book begins by discussing the historical background of equity and its maxims, which are fundamental principles guiding the application of equitable rules.
- Equity and Property: It explores the relationship between equity and property, including how equitable principles intersect with property law.
- Equitable Obligations: The text delves into the nature of equitable obligations, which are essential in understanding the enforceability of rights in equity.
- Equity and Contracts: The book examines how equitable principles interact with contract law, including issues related to misrepresentation, undue influence, and other contract-related equitable doctrines.
- Miscellaneous Equitable Doctrines: It covers various other equitable doctrines that are not specifically related to trusts but are crucial in the broader context of equity.
- Trusts: The book dedicates several parts to trusts, including a detailed chapter on charitable trusts. It provides a thorough analysis of the law of trusts, covering topics such as the creation of trusts, the rights and duties of trustees, and the beneficiaries' interests.
Plot Summary
The book is structured to provide a clear and systematic understanding of equity and trusts. It starts with an introduction to the history and maxims of equity, then moves on to discuss the relationship between equity and property, equitable obligations, and equity's interaction with contract law. The latter part of the book focuses extensively on trusts, including their creation, management, and various types of trusts like charitable trusts. The text is designed to be accessible to both students and practitioners, with engaging discussions of case law and boxed case summaries to highlight key cases.
Critical Reception
While specific reviews of the book are not provided in the sources, the book's reputation is evident from its use as a textbook and its inclusion in academic catalogs. The third edition, for instance, was praised for its thorough and highly readable statement and analysis of the principles of equity, the law of trusts, and equitable remedies. The format was noted for its ease of navigation and clear progression between topics, making it a valuable resource for both students and practitioners.
Editions
The book has undergone several editions, with the fifth edition being the most recent. The fourth edition has also been fully revised and consolidated to include recent developments in case law and legislation.
Format
The book is designed to be a textbook rather than a commentary and materials format. It includes case summaries in standalone boxes to assist in identifying key cases without distracting from the main text. This format is similar to the Federation Press' Leading Cases series but provides less detail.
Availability
The book is available through various sources, including World of Books GB and LexisNexis Australia. It is also listed in academic catalogs, such as the State Library of Queensland.