Equity and Trusts exam notes under LAWS301 at the University of Canterbury. 23 pages long notes helped to get an A in exam. Important parts are highlighted.

  • Class Year
  • 2017
  • Grade
  • A
  • Number of Pages
  • 23
  • Staff Rating
  • 5/5

A full summary of Equity and Trusts which is great for open book exam. All the examinable points are included and important sections are highlighted.

Some of the covered topics are:

  • What is Equity?
  • Express trusts
    • Distinction between legal and equitable title
    • Fiduciary relationships
    • The consequences of property being recognised as trust property
    • Types of trust
    • The requirements for an express trust
    • The three certainties
    • Discretionary trusts
    • Formal requirements for creating an express trust
  • Resulting and Constructive Trusts
  • Resulting trusts
  • Constructive trusts
    • The difference between a private express trust and a constructive trust:
    • The institutional (or orthodox) constructive trust:
    • The institutional constructive trust:
    • Assertion made of ownership of property to which another has contributed:
  • The Powers and Duties of Trustees and Rights of Beneficiaries
  • The Powers of Trustees
  • Trustee’s powers:
  • The Duties of Trustees
    • To make acquaintance with trust’s terms:
    • To adhere to the terms of the trust
    • To maintain impartiality between beneficiaries:
    • To act in the beneficiaries’ best interests
    • To avoid conflicts of interest (trustees owe a ‘duty of loyalty’ to the trust):
    • Not to profit from the trusteeship:
    • The rule against self-dealing:
    • To act gratuitously (although trustee may be reimbursed):
    • To invest the trust funds:
    • Not to delegate:
    • To be active
    • To act unanimously:
    • To pay the correct beneficiaries
    • To keep proper accounts and give information as required:
  • Remedies for Breach of Trust
  • Remedies for Breach of Trust
    • Personal claim against trustee to make good a financial loss:
    • Causation and remoteness:
    • Relief for the trustee:
    • Exclusion clauses in the trust deed
    • Doctrine of Laches (slackness)

You must log in and be a buyer of this download to submit a review.