Equity

Candidates will be expected to have a thorough knowledge and understanding of the modern
principles of Equity and Trusts. The syllabus also covers those aspects of the historical
development of Equity which are necessary to understand the modern law.

  1. The Nature of Equity and Historical Background, including the Maxims of Equity.
  2. Modern Equity:
    1. Equitable Interests and equities
    2. Equitable Doctrines
      1. Notice
      2. Estoppel
      3. Fraud, Undue Influence & Unconscionable Transactions
    3. Equitable Remedies
      1. Injunctions
      2. Specific Performance
      3. Recission
      4. Rectification
      5. Tracing
  3. Trusts
    1. Nature and Classification of Trusts
    2. Formal Requirements for Express Trusts
    3. The Three Certainties
    4. Constitution of Trusts
    5. Void and Voidable Trusts
    6. Secret and Half-Secret Trusts
    7. Resulting Trusts
    8. Constructive Trusts
    9. Trusts of the Family Home
    10. Charitable Trusts and Purpose Trusts
    11. Cy-pres Doctrine
    12. Appointment, Removal and Retirement of Trustees
    13. Powers and Duties of Trustees
    14. Liability of Third Parties to account in Equity

In addition to the above, candidates are required to have an outline knowledge of the law in
the following areas:
: Election
: Conversion and Reconversion
: Powers of Appointment
: Satisfaction

RECOMMENDED READING
Biehler, Equity and the Law of Trusts in Ireland, 7th Edition (2020), Round Hall/Sweet &
Maxwell.

SUPPLEMENTAL READING
Burn, Maudsley and Burn’s Trusts and Trustees - Cases and Materials, 7th Edition (2008), Oxford University Press.
Hudson, Equity and Trusts, 9th Edition, (2016), Routledge.
Pettit, Equity and the Law of Trusts, 12th Edition, (2012), Oxford University Press.
Wylie, A Casebook on Equity and Trusts in Ireland, 2nd Edition, (1998), Butterworths
Keane, Equity and the Law of Trusts in Ireland, 3rd Edition, (2017), Bloomsbury Professional.
Penner, The Law of Trusts, 11th Edition, (2019), Oxford University Press.
Glister and Lee (eds), Hanbury & Martin, Modern Equity, 21st Edition, (2018), Sweet & Maxwell.