Equity and Trust Law Overview

Study Notes

Equity and Trust

Equity is a body of law that developed alongside common law. It focuses on fairness and justice, addressing situations common law might not fully cover.
Equity is discretionary, allowing judges flexibility in applying equitable principles to achieve fairness instead of strictly following precedent.
Key principles of equity include conscience, good faith, and preventing unconscionable conduct.
Equity intervenes when common law remedies are insufficient or inadequate, such as in fraud, misrepresentation, or breach of confidence cases.
Equitable remedies differ from common law remedies; common equitable remedies include injunctions, specific performance, and rescission.

Trust Law

A trust involves three essential parties: a settlor (or trustor), a trustee, and a beneficiary.
The settlor legally transfers property or assets to the trustee.
The trustee manages and administers assets according to trust terms.
The beneficiary receives the benefits of the trust's assets.
Trusts manage assets for another person or group, serving diverse purposes such as estate planning, business operations, creditor protection, and charitable donations.
Express trusts are explicitly created by the settlor in a formal document.
Implied/resulting trusts are inferred from circumstances to correct injustices.
Constructive trusts are imposed by the court to prevent unjust enrichment.
Trustee duties include loyalty (fiduciary duty), prudence, and acting reasonably.
Breach of trust occurs when a trustee fails to fulfill these duties, potentially leading to beneficiary legal action.
Trust law overlaps with equity concepts like good faith, conscience, and avoiding unjust enrichment.

Relationship Between Equity and Trust

Trust law is part of equity jurisprudence, with trust concepts and principles rooted in equitable considerations.
Equity principles are applied to trusts to maintain fairness and prevent trustee abuse.
Equitable remedies are available when trustees breach their duties, highlighting the connection between trust law and equity.
Good faith and fairness in trusts are intrinsically linked to equitable principles.
Courts use equitable principles to intervene in trust disputes, ensuring fairness and protecting beneficiary rights.

Description

This quiz covers the fundamental concepts of equity and trust law, including the principles of equity, the role of discretionary justice, and the structure of trusts. Explore key terms and components like conscience, good faith, and the parties involved in a trust arrangement. Test your understanding of these essential legal concepts.