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Breach of Trust

Editat de Peter Birks, Arianna Pretto-Sakmann
en Limba Engleză Hardback – 4 iul 2002
Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust,which has lagged behind the flourishing scholarship on the creation of trusts. Since breach of trust or fiduciary duty occupies the centre of the legal stage, it comes as a surprise that, although one or two novelists have chosen 'Breach of Trust' as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject. The nature of the trustee's duties and of the liability for breach is closely examined, and all available defences and excuses are reviewed. Two substantial chapters consider the consequences of assisting a breach or receiving trust property from a trustee acting in breach. The book closes with a critical overview of the entire topic.CONTENTS: 1 Robert Chambers 'Liability for Breach'; 2 Joshua Getzler 'The Duty of Care'; 3 Edwin Simpson 'The Conflict of Interest'; 4 David Fox 'Overreaching'; 5 Lionel Smith 'Property Transferred in Breach'; 6 Charles Mitchell 'Assistance'; 7 Peter Birks 'Receipt'; 8 James Penner 'Exemption clauses'; 9 John Lowry and Rod Edmunds 'Honest and Reasonable Breach' ; 10 Jennifer Payne 'Consent'; 11 William Swadling 'Limitation'; 12 Gary Watt 'Laches, Estoppel and Election'; 13 David Hayton 'An Overview'.
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Specificații

ISBN-13: 9781841131740
ISBN-10: 1841131741
Pagini: 448
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.81 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust. This book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject.

Notă biografică

Professor Peter Birks,KC, FBA, is Regius Professor of Civil Law in the University of Oxford and Fellow of All Souls College Oxford.Arianna Pretto-Sakmann is a Fellow and Tutor in Law of Brasenose College Oxford.

Cuprins

1. LiabilityRobert Chambers2. Duty of CareJoshua Getzler3. ConflictsEdwin Simpson4. OverreachingDavid Fox5. TransfersLionel Smith6. AssistanceCharles Mitchell7. ReceiptPeter Birks8. ExemptionsJames Penner9. ExcusesJohn Lowry and Rod Edmunds10. ConsentJennifer Payne11. LimitationWilliam Swadling12. Laches, Estoppel and ElectionGary Watt13. OverviewDavid Hayton

Recenzii

.the book has been prepared as a coherent and integrated whole, rather than simply a collection of essays on the topic. It is careful and thought-provoking, and a valuable contribution to the literature.
The title of this book and its chapters are beguilingly simple but the contents provide fascinatingly deep analyses of contemporary issues.This book is an essential collection of studies for anyone concerned with the law on breach of trust, its possible reform (or change) and the changing position of the breach of trust law and its relationship with the common law.
In content this book is a heavy-weight. It is aimed at academics, chancery judges and specialist practicioners. However, anyone seekng to formulate or to defend a claim relating to a fiduciary duty would do well to consider the points made in this book.

Descriere

This book, written by a team of leading lawyers from a number of common law jurisdictions, investigates the principal aspects of breach of trust.