Equity and Trusts
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
#Law
#ContractLaw
#CommonLaw
#CivilLawCommonLaw
#EnglishContractLaw
#Equity
#UndueInfluence
#Unconscionability
#NationalWestminsterBankPlcVMorgan
#Estoppel
#Contract
#BankOfCreditAndCommerceInternationalSaVAboody
1
Found Helpful
29 Pages
Complete Study Notes
Year: Pre-2023
#Law
#ContractLaw
#CommonLaw
#CivilLawCommonLaw
#EnglishContractLaw
#Equity
#UndueInfluence
#Unconscionability
#NationalWestminsterBankPlcVMorgan
#Estoppel
#Contract
#BankOfCreditAndCommerceInternationalSaVAboody
1
Found Helpful
29 Pages
Complete Study Notes
Year: Pre-2023This document is 25 Exchange Credits
Details
More about this document
This document has been hand checked
Every document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources.
This is a Complete Set of Study Notes
Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.
What are Exchange Credits?
Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free.
Satisfaction Guarantee
We want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee
Integrity
Studying with Academic
Integrity
Integrity
Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.
How Thinkswap works
Find the study resources that suit your needs
Browse 200,000+ study notes and past assignments.
Swap your credits
Earn credits by sharing your own documents or buy credits to access resources.
Study anytime
Access and download PDFs of your materials online or offline.
Let the revision begin
Browse UTS Subjects
Thinkswap's high quality resources are categorised by subject or course.
Our Study Resources
Explore Thinkswap
Choose Region
Choose university or high school
Our Network
Trusted by students across the globe