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LAW3111 Equity Exam and Course Notes
LAW3111 - Equity
11 Pages • Topic Notes • Year: Pre-2021
1. Breach of Confidence (BOC) 2 1.1. Information must be Specific 2 1.2. Information must have Necessary Quality of Confidence 2 1.2.1. Must be sufficiently secret and not in the public domain 2 1.2.2 Must not be trivial or banal 2 1.3. Importing the Obligation of Confidence 2 1.3.1. Circumstance 1: Confidential Relationship (Giving) 2 1.3.2. Circumstance 2: Improperly or surreptitiously obtained (Taking) 2 1.3.3. Circumstance 3: Third Party Acquirer 3 1.3.4. Circumstance 4: Accidentally Obtained 3 1.4. Unauthorized Use/Breach of Duty 3 1.5. Defence 3 1.5.1. Public Interest Defence 3 1.5.2. Defence of Iniquity 3 2. Breach of Fiduciary Duty (BOFD) 3 2.1. Accepted Categories 3 2.2. Is there a FD owed? 4 2.2.1. Scope of FD to consider 4 2.3. BOFD: Conflicts Rule 4 2.4. BOFD: Profits Rule 4 2.5. Defence of Consent 4 2.6. Third Party Liability 5 2.6.1. Establish the Primary Breach 5 2.6.2. Did X know? 5 2.6.3. Did X Assist D’s dishonest and Fraudulent Design? 5 2.6.4. Did X receive fiduciary Property? 5 3. Person Remedies 5 3.1. Specific Performance 5 3.2. Injunction & Specific Delivery 6 3.3. Declaration 6 3.4. Equitable Recession 6 3.5. Account of Profits 7 3.6. Equitable Compensation 7 3.7. Damages in lieu of injunction or specific performance (LCAD) 7 3.8. Limits on Equitable Monetary Remedies 7 3.9. Are there any equitable defences? 8 4. Proprietary Remedies 8 4.1. When to Seek Constructive Trust 8 4.2. When to Seek Equitable Lien 8 4.3. Grounds for Proprietary Remedies 8 4.3.1. Misappropriation of Asset by a Fiduciary 8 4.3.2. Misappropriation of Opportunity by a Fiduciary 9 4.3.3. Fiduciary Receipt of Bribes and Secret Commissions 9 4.4. Tracing and Following 9 4.4.1. Mixing Resulting in New Asset 9 4.4.2. Mixing Resulting in Improvement (Re Diplock) 10 5. Equitable Assignment 10 5.1. Assignment of Future Property 10 5.1.1. Is it future Property? 10 5.1.2. Can it be assigned? 10 5.2. Voluntary Assignment of Present Property 10 5.2.1. Assignment Property at Law 10 5.2.2. Assignment of Property in Equity 11
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