Full Equity and Trusts Notes
EQUITABLE PROPERTY 2
FIDUCIARY OBLIGATIONS 4
1. Definition 5
2. Has a fiduciary relationship arisen? 5
3. Negation of a FR? 6
4. Scope of duty 7
5. FD and Contract 8
6. Breach of FO 10
7. Defenses to breach 11
8. Third party liability 12
9. Remedies 12
ASSIGNMENT 13
Assignments in equity 13
Assignment of legal property 15
Equity and Legally Ineffective Assignments 17
Non-assignable rights 18
Future property (i.e. fowl of pregnant horse, shares in property I do not yet own…) 18
Equitable Property 21
Forms: 25
EXPRESS TRUSTS 27
1. Certainty of intention, subject matter, and object. 28
2. Powers of trustees 31
3. Duties listed: 36
4. The rights of beneficiaries 40
5. Breach of trust: defenses & remedies 41
TRACING 44
PRIORITIES 52
1. Competing Legal interests 52
2. Competing Equitable interests 53
3. Prior legal interest VS later equitable interest 56
4. A prior equitable interest VS a later legal interest 57
PERSONAL LIABILITIES OF ACCESSORIES/RECIPIENTS 58
REMDIES: COMPULSIVE 58
REMEDIES: 59
(a) TRACING 59
(b) EQUITABLE COMPENSATION 59
(c) ACCOUNT OF PROFTS 59
NON-CONSENTUAL TRUSTS: 59
(a) RESULTING TRUSTS 59
(b) CONSTRUCTIVE TRUSTS 60
GENERAL BARS TO RELIEF 60
#Equity
#CommonLaw
#ContractLaw
#LegalTerms
#PropertyLaw
#Assignment
#Fiduciary
#TrustLaw
#Lien
#Chose
#EquitableInterest
#SecurityInterest
#MaximsOfEquity
1
Found Helpful
70 Pages
Complete Study Notes
Year: Pre-2023
#Equity
#CommonLaw
#ContractLaw
#LegalTerms
#PropertyLaw
#Assignment
#Fiduciary
#TrustLaw
#Lien
#Chose
#EquitableInterest
#SecurityInterest
#MaximsOfEquity
1
Found Helpful
70 Pages
Complete Study Notes
Year: Pre-2023This document is 25 Exchange Credits
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