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70 Pages • Complete Study Notes • Year: Pre-2021
EQUITABLE PROPERTY 2 FIDUCIARY OBLIGATIONS 4 1. Definition 5 2. Has a fiduciary relationship arisen? 5 3. Negation of a FR? 6 4. Scope of duty 7 5. FD and Contract 8 6. Breach of FO 10 7. Defenses to breach 11 8. Third party liability 12 9. Remedies 12 ASSIGNMENT 13 Assignments in equity 13 Assignment of legal property 15 Equity and Legally Ineffective Assignments 17 Non-assignable rights 18 Future property (i.e. fowl of pregnant horse, shares in property I do not yet own…) 18 Equitable Property 21 Forms: 25 EXPRESS TRUSTS 27 1. Certainty of intention, subject matter, and object. 28 2. Powers of trustees 31 3. Duties listed: 36 4. The rights of beneficiaries 40 5. Breach of trust: defenses & remedies 41 TRACING 44 PRIORITIES 52 1. Competing Legal interests 52 2. Competing Equitable interests 53 3. Prior legal interest VS later equitable interest 56 4. A prior equitable interest VS a later legal interest 57 PERSONAL LIABILITIES OF ACCESSORIES/RECIPIENTS 58 REMDIES: COMPULSIVE 58 REMEDIES: 59 (a) TRACING 59 (b) EQUITABLE COMPENSATION 59 (c) ACCOUNT OF PROFTS 59 NON-CONSENTUAL TRUSTS: 59 (a) RESULTING TRUSTS 59 (b) CONSTRUCTIVE TRUSTS 60 GENERAL BARS TO RELIEF 60
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