Equity in Practice

199.00

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.

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Description

Author: Dr Albert Keating | ISBN: 978-1-911611-26-4    | Format and Price: Hardback €199 | Publication Date:  3 January 2020

About

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.

Content includes

PART ONE: PRIMARY AND SECONDARY PRECEPTS OF EQUITY

  • Chapter 1: Primary Precepts of Equity
  • Chapter 2: Secondary Precepts of Equity
  • Chapter 3: Primary Precepts and Injunctions
  • Chapter 4:   Damages In Lieu of Equitable Relief

PART TWO: EQUITABLE PRINCIPLES AND DOCTRINES

  • Chapter 5: Specific Performance of Contracts
  • Chapter 6: Rescission of Contracts
  • Chapter 7: Rectification of Written Instruments
  • Chapter 8: Non Est Factum
  • Chapter 9: Principles of Undue Influence
  • Chapter 10: Unconscionable Transactions
  • Chapter 11: Equitable Doctrines

PART THREE: THE THREE ESTOPPELS

  • Chapter 12: Proprietary Estoppel
  • Chapter 13: Promissory Estoppel
  • Chapter 14: Estoppel by Convention

PART FOUR: APPLICATIONS FOR INJUNCTIVE RELIEF

  • Chapter 15: Applications for Interlocutory Injunctions
  • Chapter 16: Mandatory Interlocutory Injunctions and Commercial Contracts
  • Chapter 17: The Equitable Principle of Confidence and Interlocutory Injunctions
  • Chapter 18: Applications for Injunctions by Receivers
  • Chapter 19:   Employment Injunctions
  • Chapter 20:   Non-Compete Clauses and Springboard Injunctions
  • Chapter 21: Applications for Injunctions Involving Torts

PART FIVE: EXPRESS TRUSTS

  • Chapter 22: The Elements of an Express Trust
  • Chapter 23: The Creation of Express Trusts by Will
  • Chapter 24: Charitable Trusts
  • Chapter 25: Conditional Express Trusts and Engrafted Trusts
  • Chapter 26: Ademption and Lapse of Express Trusts

PART SIX: EXECUTORS AND TRUSTEES

  • Chapter 27: Executors and Trustees of Express Trusts
  • Chapter 28: Applications for Grants of Probate by Executors of Will Trusts
  • Chapter 29: Duties of Executors and Trustees
  • Chapter 30: Powers of Executors and Trustees
  • Chapter 31: The Liability of Executors and Trustees

 

PART SEVEN: IMPOSITION OF TRUSTS AND EQUITABLE GIFTS

  • Chapter 32: Resulting and Quistclose Trusts
  • Chapter 33: Secret and Half-Secret Trusts
  • Chapter 34: Constructive Trusts
  • Chapter 35: Powers in the Nature of Trusts
  • Chapter 36:   The Duties of Bankers and Superimposed Constructive Trusts
  • Chapter 37: Joint Bank Accounts
  • Chapter 38:  Donationes Mortis Causa

PART EIGHT: ACTIONS RELATING TO TRUSTS AND EQUITABLE PRINCIPLES

  • Chapter 39: Actions Relating to Trusts
  • Chapter 40:  Equitable Actions
  • Chapter 41:  Administration Actions and Construction of Will Trusts
  • Chapter 42: Ex Parte and Notice of Motion Applications for Injunctions
  • Chapter 43: Actions to Take Account
  • Chapter 44: Summary Judgment or Leave to Defend
  • Chapter 45: Lites Pendentes and Land and Conveyancing Law Reform Act 2009

 

PART NINE: REVITALISING EQUITY

  • Chapter 46: The Formulation of a Concept of Equity
  • Chapter 47: The Equitable Duty, Principles and Rights
  • Chapter 48: Equity and Natural Law

 

Who Should Buy This Book?

This unique book is an essential resource for all legal practitioners.

About the Author

Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister and Senior Lecturer in Law at Waterford Institute of Technology. His published works on probate and succession law include Keating on Probate (2011) (4th ed) and Keating on Probate, First Supplement to the 4th ed (2013). His books also include Probate Law and Practice, Probate Law and Practice Case Book, Probate Causes and Related Matters, Keating on Probate (2nd ed), Equitable Succession Rights,  The Law and Practice of Personal Representatives, Keating on Probate (3rd ed), Irish Wills Precedents, Irish Probate Precedents and Keating on Probate – The Complete Words, CD-Rom, (2004).   His most recent books include:  and The Construction of Wills, Second Edition (2017), The Law of Wills (2nd ed) (2018), Will Trusts and Equitable Succession Rights (2019) all published by Clarus Press .  He has also published numerous articles on probate and succession law in such journals as the Conveyancing and Property Law Journal, Irish Law Times, Irish Probate Law Journal and Judicial Studies Institute Journal, and chapters on Probate and Succession Law in the Annual Review of Irish Law since 2004.

 

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