Equity in Practice
Provides an in-depth and comprehensive analyses of the application of the precepts of equity, equitable principles, doctrines and remedies by the courts when exercising equitable jurisdiction.
Author: Dr Albert Keating
Format and Price: Hardback €250 (approx)
Publication Date: Winter 2019
Equity in Practice is primarily concerned with the application of the precepts of equity, equitable principles, doctrines and remedies by the courts when exercising equitable jurisdiction with an emphasis on legal practice.
Equity in Practice consists of nine parts and 48 chapters. Part One of the book analyses the primary and secondary precepts of equity in a comprehensive fashion. Part Two undertakes an in-depth study of the various equitable principles, doctrines and remedies and conditions, prerequisites and criteria for their application by the courts. Part Three identifies and analyses the conditions that must be shown to exist before the courts may apply the equitable principles of proprietary estoppel, promissory estoppel and estoppel by convention. Part Four presents the full array of injunctive relief, including mareva, interlocutory and mandatory interlocutory and springboard injunctions, that may be granted by the court of equity in appropriate circumstances. Part Five considers in depth the creation of express trusts, conditional trusts and charitable trusts observing the essential elements for their creation and also matters that may terminate such trusts. Part Six undertakes an extensive analysis of the role, duties, powers and liabilities of executors and trustees in the administration and distribution of trust estates. Part Seven provides a comprehensive discourse of trusts that may be imposed by the court equity in the form of resulting, secret and constructive trusts, and also equitable gifts and survivorship rights that may arise out of joint bank accounts. Part Eight considers fully the types of equitable actions that may be instituted concerning trusts and the equitable principles and doctrines, ex parte and notice of motion applications, summary judgments or leave to defend, actions based on the equitable principle of account taken and lites pendentes. Part Nine, the final part of the book, formulates a concept of equity, suggests how equity may be revitalised by imposing an equitable duty on persons to behave in a conscionable manner when transacting or interacting with others, and considers the relationship between equity and natural law.
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