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Defences in Equity: Hart Studies in Private Law: Essays on Defences

Editat de Paul S. Davies, Simon Douglas, Dr James Goudkamp
en Limba Engleză Hardback – 2 mai 2018
This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors - judges, practitioners and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.
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Specificații

ISBN-13: 9781849467247
ISBN-10: 1849467242
Pagini: 392
Dimensiuni: 169 x 244 x 18 mm
Greutate: 0.82 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law: Essays on Defences

Locul publicării:London, United Kingdom

Caracteristici

The fourth edition in Hart's acclaimed series of books on defences in private law, exploring the conceptual and doctrinal aspects of defences in equity.

Notă biografică

Paul S Davies is Professor of Commercial Law at University College London. Simon Douglas is an Associate Professor of Law at the University of Oxford and a Fellow of Jesus College, Oxford.James Goudkamp is Professor of the Law of Obligations at the University of Oxford, a Fellow of Keble College, Oxford, and a barrister at 7 King's Bench Walk.

Cuprins

1. Introduction PAUL S DAVIES, SIMON DOUGLAS AND JAMES GOUDKAMP2. Equitable Defences as Meta-Law HENRY E SMITH3. Set-Off and the Nature of Equity ROBERT STEVENS 4. Purchase for Value Without NoticeDAVID FOX5. Beneficiaries' Consent to Trustees' Unauthorised Acts YING KHAI LIEW AND CHARLES MITCHELL6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation SIMONE DEGELING7. Exemption Clauses in Trusts PHILIP SALES8. Professional AdviceMICHAEL ASHDOWN9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets PG TURNER10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability JOSHUA GETZLER11. Marshalling Marshalling CHRISTOPHER HARE12. Illegality in Equity PAUL S DAVIES13. The Future of Clean Hands NICHOLAS J MCBRIDE14. 'Not Slavishly Nor Always'-Equity and Limitation Statutes MARK LEEMING15. The Importance of Being Earnest: The Doctrines of Laches and AcquiescenceLUSINA HO