Equity and Trusts
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By: Michael Brookes Evans, Bradley Lloyd Jones, Theresa M. Power
Equity and Trusts provides a thorough but accessible statement and analysis of the principles of equity, the law of trusts and equitable remedies. An understanding of fundamental principles is fostered through engaging discussion of case law, with boxed case summaries to assist in identifying key cases. The fourth edition has been fully revised and consolidated to include recent developments in case law and legislation, including discussion on: charitable trusts in the light of the Charities Act 2013 (Cth) Andrews v ANZ Banking Group Ltd (HCA - 2012) and Paciocco v ANZ Banking Group Ltd (FCA - 2015) on the law of penalties HIH Claims Support Ltd v Insurance Aust Ltd (HCA - 2011) and Lavin v Toppi (HCA - 2015) on the law of contribution, particularly co-ordinate liability Re Dion Investments (NSWCA - 2014) on limits on court power to authorise amendments of trust deeds Federal Republic of Brazil v Durant International Corp (UKPC - 2015) on doctrine of tracing Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd (HCA - 2014) on defence of change of position to claim for restitution of moneys paid under mistake Sidhu v Van Dyke (HCA - 2014) on proprietary estoppel Bofinger v Kingsway Group Ltd (HCA - 2009) on the doctrines of subrogation and unjust enrichment in Australia The clear explanations of the meaning and practical application of the principles of equity and trusts in Australian law make the book ideal for students and an authoritative and reliable reference for practitioners.
AI Overview
The book "Equity and Trusts" by Michael Brookes Evans, Bradley L. Jones, and Theresa M. Power is a comprehensive legal text that delves into the principles and practices of equity and trusts. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:
Key Themes
Equitable Principles:
- The book covers the foundational principles of equity, including unjust enrichment, equitable remedies, and the role of equity in property law.
Trusts:
- It provides an in-depth analysis of trusts, including the nature of equitable interests, co-ownership, equitable priorities, and the doctrine of tracing.
Equitable Defenses:
- The text explores equitable defenses such as laches, acquiescence, and limitation of actions in equity, as well as set-off in equity.
Fiduciary Duties:
- It discusses the fiduciary duties and the self-dealing rule, as well as participatory liability for breach of trust or fiduciary duty.
Remedies and Compensation:
- The book covers equitable compensation and the rights of beneficiaries in various trust scenarios, including gifts subject to engrafted trusts.
Plot Summary
The book is structured to provide a systematic approach to understanding equity and trusts. It begins with an introduction to the principles of equity and unjust enrichment, followed by detailed chapters on trusts. The chapters cover various aspects of trusts, including the nature of equitable interests, co-ownership, and equitable priorities. The text also delves into specific doctrines such as the equity of redemption, the rule in Dearle v Hall, and the doctrine of tracing. Additionally, it discusses equitable defenses and remedies, including laches, acquiescence, and set-off in equity.
Critical Reception
While specific reviews of the book are not provided in the search results, the book's reputation can be inferred from its use in academic and professional settings. The fact that it is listed on StudentVIP, a platform for second-hand textbooks, suggests that it is a widely used resource in legal education. The detailed content and comprehensive coverage of equity and trusts indicate that it is a respected and authoritative text in the field.
Editions
The book is available in multiple editions, with the fourth edition being a notable reference point. The second edition is also mentioned, indicating that the authors have continuously updated the content to reflect changes in the law.
Conclusion
"Equity and Trusts" by Michael Brookes Evans, Bradley L. Jones, and Theresa M. Power is a seminal work in the field of equity and trusts. It provides a thorough and systematic approach to understanding the principles and practices of equity, making it an essential resource for legal professionals and students alike. The book's comprehensive coverage and detailed analysis of various doctrines and remedies make it a valuable addition to any legal library.