730-462 Equity and Trusts

Torts and the Process of Law I and II; History and Philosophy of Law I and II; Contracts I and II; Property I: Concepts and Principles; Property II: Acquisition and Dealings.

Topics include the concept of the trust and its contemporary applications; the distinction between trusts, trust powers and powers; the nature of equity and its history (in outline); a comparison of the trust with other fiduciary relationships; the principles governing the creation of express trusts; the role of public policy in the creation and enforcement of trusts; the principles governing the recognition of trusts for charitable purposes; an analysis of resulting and constructive trusts; the duties of trustees, with special reference to the duty to invest; and remedies for breach of trust, with special reference to the distinction between personal and proprietary remedies.

Final open-book examination three hours 100%.

Printed materials will be issued by the Faculty of Law.

• Heydon & Loughlan, Cases and Materials on Equity and Trusts (6th edition). Butterworths 2002.
• Dal Pont, Chalmers and Maxton, Equity and Trusts: Commentary and Materials (3rd edition). Law Book Co. 2004.