Equity in 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 and unique 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.