Search for over 100,000 subject notes and past assignments!


You can download study resources by swapping your own or purchasing Exchange Credits.


Access your library anywhere, anytime.

University of Technology Sydney

See More

Document Details

Study Notes

Topic 1: Introduction to Equity / History and Nature of Equity
Page 1/13

Topic 1: Introduction to Equity / History and Nature of Equity

70517 - Equity and Trusts

13 Pages University of Technology Sydney Partial Study Notes Year Uploaded: 2018

Introduction: 2 A. WHAT IS EQUITY? 2 B. THE NATURE OF EQUITY 3 C. GENERAL COMPARISON between EQUITY & COMMON LAW 4 D. HISTORY OF EQUITY 4 (a) Medieval period 5 (b) Formative period 5 (c) Systemization period 6 E. THE MAXIMS OF EQUITY 7 F. THE JUDICATURE SYSTEM 8 (a) Equity and CL before the Judicature Act 8 (b) Classification of the equitable jurisdiction 8 (c) The administration of Equity in N.S.W. before the Judicature system 8 (d) Division between Equity & CL before the Judicature system 8 (e) The Judicature Act (1873) and concurrent procedure 8 (f) The Judicature system in Australia 9 G. THE “FUSION FALLACY” THEORY 9 (c) Administrative/ procedural fusion 9 (d) Substantive fusion 10 Criticism against the “substantive fusion” theory 11 Support for the “substantive fusion” theory 11 (e) “Fusion fallacy” defined 11 (f) Examples of “fusion fallacies” 12 Compensation for breach of fiduciary obligations 12 Common Law Damages in Equity? 12 (g) Final remarks on the effect of the Judicature system 13

This document is 10 Exchange Credits

Studying with Academic 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 and has been made available to plagiarism detection tools. Do not copy from this work. Understand how you can responsibly use this work by visiting ‘Using Thinkswap resources correctly’.

This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.
What are Exchange Credits?

Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive credits. These can then be used to checkout other documents on Thinkswap.
Thinkswap Satisfaction Guarantee

Each document purchased on Thinkswap is covered by our Satisfaction Guarantee policy. If the document is not of an acceptable quality or the document was incorrectly described or categorised, Thinkswap will provide a full refund of Exchange Credits so you can purchase another document. For more information please click here.
Claim a Subject Bounty

Has this subject changed names or been replaced? Tell us and earn free Exchange Credits.


Similar Documents

Similar documents to "Topic 1: Introduction to Equity / History and Nature of Equity" available on Thinkswap

Documents similar to "Topic 1: Introduction to Equity / History and Nature of Equity" are suggested based on similar topic fingerprints from a variety of other Thinkswap Subjects


High School