Equity in practice
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書誌事項
Equity in practice
Clarus Press, c2020
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注記
Includes index
内容説明・目次
内容説明
Equity in Practice consists of nine parts and 48 chapters. Part One of the book analyses the
primary and secondary precepts of equity in a comprehensive and unique fashion. Part Two
undertakes an in-depth study of the various equitable principles, doctrines and remedies and
conditions, prerequisites and criteria for their application by the courts. Part Three identifies
and analyses the conditions that must be shown to exist before the courts may apply the
equitable principles of proprietary estoppel, promissory estoppel and estoppel by convention.
Part Four presents the full array of injunctive relief, including mareva, interlocutory and
mandatory interlocutory and springboard injunctions, that may be granted by the court of
equity in appropriate circumstances. Part Five considers in depth the creation of express
trusts, conditional trusts and charitable trusts observing the essential elements for their
creation and also matters that may terminate such trusts. Part Six undertakes an extensive
analysis of the role, duties, powers and liabilities of executors and trustees in the
administration and distribution of trust estates. Part Seven provides a comprehensive
discourse of trusts that may be imposed by the court equity in the form of resulting, secret
and constructive trusts, and also equitable gifts and survivorship rights that may arise out of
joint bank accounts. Part Eight considers fully the types of equitable actions that may be
instituted concerning trusts and the equitable principles and doctrines, ex parte and notice of
motion applications, summary judgments or leave to defend, actions based on the equitable
principle of account taken and lites pendentes. Part Nine, the final part of the book,
formulates a concept of equity, suggests how equity may be revitalised by imposing an
equitable duty on persons to behave in a conscionable manner when transacting or
interacting with others, and considers the relationship between equity and natural law.
目次
PART ONE: PRIMARY AND SECONDARY PRECEPTS OF EQUITY
Chapter 1: Primary Precepts of Equity
Chapter 2: Secondary Precepts of Equity
Chapter 3: Primary Precepts and Injunctions
Chapter 4: Damages In Lieu of Equitable Relief
PART TWO: EQUITABLE PRINCIPLES AND DOCTRINES
Chapter 5: Specific Performance of Contracts
Chapter 6: Rescission of Contracts
Chapter 7: Rectification of Written Instruments
Chapter 8: Non Est Factum
Chapter 9: Principles of Undue Influence
Chapter 10: Unconscionable Transactions
Chapter 11: Equitable Doctrines
PART THREE: THE THREE ESTOPPELS
Chapter 12: Proprietary Estoppel
Chapter 13: Promissory Estoppel
Chapter 14: Estoppel by Convention
PART FOUR: APPLICATIONS FOR INJUNCTIVE RELIEF
Chapter 15: Applications for Interlocutory Injunctions
Chapter 16: Mandatory Interlocutory Injunctions and Commercial Contracts
Chapter 17: The Equitable Principle of Confidence and Interlocutory Injunctions
Chapter 18: Applications for Injunctions by Receivers
Chapter 19: Employment Injunctions
Chapter 20: Non-Compete Clauses and Springboard Injunctions
Chapter 21: Applications for Injunctions Involving Torts
PART FIVE: EXPRESS TRUSTS
Chapter 22: The Elements of an Express Trust
Chapter 23: The Creation of Express Trusts by Will
Chapter 24: Charitable Trusts
Chapter 25: Conditional Express Trusts and Engrafted Trusts
Chapter 26: Ademption and Lapse of Express Trusts
PART SIX: EXECUTORS AND TRUSTEES
Chapter 27: Executors and Trustees of Express Trusts
Chapter 28: Applications for Grants of Probate by Executors of Will Trusts
Chapter 29: Duties of Executors and Trustees
Chapter 30: Powers of Executors and Trustees
Chapter 31: The Liability of Executors and Trustees
PART SEVEN: IMPOSITION OF TRUSTS AND EQUITABLE GIFTS
Chapter 32: Resulting and Quistclose Trusts
Chapter 33: Secret and Half-Secret Trusts
Chapter 34: Constructive Trusts
Chapter 35: Powers in the Nature of Trusts
Chapter 36: The Duties of Bankers and Superimposed Constructive Trusts
Chapter 37: Joint Bank Accounts
Chapter 38: Donationes Mortis Causa
PART EIGHT: ACTIONS RELATING TO TRUSTS AND EQUITABLE PRINCIPLES
Chapter 39: Actions Relating to Trusts
Chapter 40: Equitable Actions
Chapter 41: Administration Actions and Construction of Will Trusts
Chapter 42: Ex Parte and Notice of Motion Applications for Injunctions
Chapter 43: Actions to Take Account
Chapter 44: Summary Judgment or Leave to Defend
Chapter 45: Lites Pendentes and Land and Conveyancing Law Reform Act 2009
PART NINE: REVITALISING EQUITY
Chapter 46: The Formulation of a Concept of Equity
Chapter 47: The Equitable Duty, Principles and Rights
Chapter 48: Equity and Natural Law
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