Equity in Practice

Equity in Practice is primarily concerned with the application of the precepts of equity,equitable principles, doctrines and remedies by the courts when exercising equitablejurisdiction with an emphasis on legal practice.

Equity in Practice consists of nine parts and 48 chapters. Part One of the book analyses theprimary and secondary precepts of equity in a comprehensive and unique fashion. Part Twoundertakes an in-depth study of the various equitable principles, doctrines and remedies andconditions, prerequisites and criteria for their application by the courts. Part Three identifiesand analyses the conditions that must be shown to exist before the courts may apply theequitable principles of proprietary estoppel, promissory estoppel and estoppel by convention. Part Four presents the full array of injunctive relief, including mareva, interlocutory andmandatory interlocutory and springboard injunctions, that may be granted by the court ofequity in appropriate circumstances. Part Five considers in depth the creation of expresstrusts, conditional trusts and charitable trusts observing the essential elements for theircreation and also matters that may terminate such trusts. Part Six undertakes an extensiveanalysis of the role, duties, powers and liabilities of executors and trustees in theadministration and distribution of trust estates. Part Seven provides a comprehensivediscourse of trusts that may be imposed by the court equity in the form of resulting, secretand constructive trusts, and also equitable gifts and survivorship rights that may arise out ofjoint bank accounts. Part Eight considers fully the types of equitable actions that may beinstituted concerning trusts and the equitable principles and doctrines, ex parte and notice ofmotion applications, summary judgments or leave to defend, actions based on the equitableprinciple 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 anequitable duty on persons to behave in a conscionable manner when transacting orinteracting with others, and considers the relationship between equity and natural law.