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1 Found helpful • 29 Pages • Complete Study Notes • Year: Pre-2021
1. Relevant Facts • List out plaintiff and defendant • Facts in question • Property involved 2. Relevant Issue & Authority/Law 1. UNCONSCIONABLE TRANSACTIONS 2 A. UNDUE INFLUENCE 2 1. Establishing the type of undue influence 2 2. Rebutting the Presumption 4 3. Remedies for Undue Influence 5 B. UNCONSCIONABLE TRANSACTIONS 6 1. Requirements 6 2. Defences 7 3. Remedy 7 2. EQUITABLE ESTOPPEL 8 A. EQUITABLE ESTOPPEL 8 B. COMMON LAW ESTOPPEL VS. EQUITABLE ESTOPPEL 9 C. CONSTRUCTIVE TRUSTS VS. EQUITABLE ESTOPPEL 9 D. HISTORY OF ESTOPPEL 10 3. PART PERFORMANCE 12 A. REQUIREMENTS OF THE DOCTRINE OF PART PERFORMANCE 12 4. FIDUCIARY OBLIGATIONS 13 A. IS THERE A FIDUCIARY RELATIONSHIP? (CATEGORIES OF FIDUCIARIES) 13 B. IS THE DUTY WITHIN THE SCOPE AND CONTENT OF FIDUCIARY RELATIONSHIPS? 14 C. PARTICULAR CLASSES OF APPLICATION 15 D. WAS THERE A BREACH IN THE RULE OF FIDUCIARY OBLIGATIONS? 15 E. DEFENCE: INFORMED CONSENT 17 F. REMEDIES FOR BREACH OF FIDUCIARY DUTY 17 G. THIRD PARTY LIABILITY 18 5. TRUSTS 21 A. INTRODUCTION 21 B. EXPRESS TRUSTS 22 3. Apply the facts to the authority 4. Conclusion 5. Available Remedies
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