Equity and Trusts

Catalog description

This course is an introduction to the principles, techniques and functions of equity. Disputes which arise in commercial and family contexts are increasingly resolved by recourse to equitable principles. There is therefore a corresponding need to understand the relevant and developing law, to analyze critically the functions and approaches of equity and to evaluate its impact. This course provide an elementary treatment of these matters. It concentrates on the social and legal contexts in which equity is important. Traditional analysis of equity, in terms of its historical development and its maxims, is also a feature of this course. The course involves an examination of equity's central concept, the trust. Its functions range from the preservation of family wealth to its use as a medium for collective investment trusts and superannuation and pension funds. We also consider the private purpose trust and the use of the trust in charitable provision. The course moves on to engage with issues around breach of trust, including the duties of trustees, the remedies obtainable and new frontiers in the law, such as restitution.