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Breach Of Trust
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Download or read book Breach of Trust written by Peter Birks and published by Hart Publishing. This book was released on 2002-07-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Participation in a Breach of Trust by : Austin Wakeman Scott
Download or read book Participation in a Breach of Trust written by Austin Wakeman Scott and published by . This book was released on 1921 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Breach of Trust written by Peter Birks and published by . This book was released on 2002 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book Breach of Trust written by Peter Birks and published by Bloomsbury Publishing. This book was released on 2002-07-05 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Book Synopsis Discussion Paper on Breach of Trust by : Scottish Law Commission
Download or read book Discussion Paper on Breach of Trust written by Scottish Law Commission and published by Stationery Office/Tso. This book was released on 2003-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion paper looks at trustees and their powers and duties and examines breaches of trust. It is part of an ongoing programme examining trust law as applicable in Scotland. The definition of "trust" and "trustee" is derived from the Trusts (Scotland) Acts 1921 and 1961, it covers the appointment of a "trustee" by a court to administer and manage property when there is no other available person to do so. Breaches of trust by the trustee cover: acting outside their authority; failing to carry out their duties by omission, or what they owe as fiduciaries to their beneficiaries. The paper also examines what constitutes personal liability in these areas. The "dual patrimony" theory is adopted for the purposes of the discussion of these issues. It emphasises the separation of the trust property and personal property held by the trustee. Trust law relates to voluntary trusts, both public and private. The Commission states that trust law is not in need of comprehensive or radical reform, with most trust law resting on common law. Despite this view the Commission, in an earlier report, recommended the repeal of the Trustee Investments Act 1961, and further examination of the need for the 1921 Act , which reflects the practice and customs of Victorian times.
Book Synopsis Breach of Trust in Comparative Law by : Maria Luisa Londoño Arrubla
Download or read book Breach of Trust in Comparative Law written by Maria Luisa Londoño Arrubla and published by Societas Verlagsgesellschaft Kg. This book was released on 2012 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the purpose of understanding the strong influence that English trust law has had in Latin America's legislation, this text will develop around the breach of trust in comparative law, contrasting the fiduciary figures in the Common Law and the Civil Law systems, from the study of one of the leading cases in English law that would represent a reference point for the particular analysis of English law and Colombian law, and which study will examine their key similarities and differences. The role of the history is essential to understand the way both fiduciary figures developed in the Common and Civil law, hence it is integrated with the comparison in this study. Issues such as transplanting law or rules from one system to another are mentioned, since the institution of English trust has been developed in many Hispanic-American countries - including Colombia - despite of coming from a Roman legal tradition. An important part of this study, will be the differences of the fiduciary figures as a result of the significance of equity in the English law and its strong influence in trust law, which explains the distinct elements with the Colombian equivalent. For this reason, the latin "fiducia" is not exactly as the English trust, it has been adopted clinging on the legal traditions country-specific. However, understanding the way they have developed is fundamental, with the globalisation it has become a need to find the unification of business instruments in the Commercial Law that has become increasingly towards the unification.
Book Synopsis Accounting for Profit for Breach of Contract by : Katy Barnett
Download or read book Accounting for Profit for Breach of Contract written by Katy Barnett and published by Bloomsbury Publishing. This book was released on 2012-05-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.
Book Synopsis Criminal Breach of Trust by : Qaisar Hayat
Download or read book Criminal Breach of Trust written by Qaisar Hayat and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cases & Materials on Trusts by : Mohamed Ramjohn
Download or read book Cases & Materials on Trusts written by Mohamed Ramjohn and published by Psychology Press. This book was released on 2004 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been considerably revised to take account of recent major statutory and case law developments. The Contracts (Rights of Third Parties) Act 1999 introduced a significant improvement in the rights of third parties to enforce contracts. The Trustee Delegation Act 1999 and the Trustee Act 2000 have had a profound effect in updating the law concerning trustees' duties and powers. Important new cases covered include: Foskett v Mckeown (tracing); Pragon Finance Ltd v Thakerar (constructive trusts); Air Jamaica v Charlton (resulting trusts); Choithram International v Pagarani (constitution of trusts); Twinsectra Ltd v Yardley (accessory liability); Wight v Olswang (exclusion clauses); Southwood v AG (charities); Schmidt v Rosewood Trust (disclosure of trust documents); Pennington v Waine (gifts of shares); Le Foe v Le Foe (indirect contributions to family assets); Gwembe Valley Development Co Ltd v Koshy (limitation periods); Duggan v Governor of Full Sutton Prison (intention to create a trust); OT Computers Ltd v First National Tricity Finance Ltd (certainty of objects), and many more. Each chapter includes an exposition of the fundamental principles of trusts law in a readable and intelligible form, supplemented by extracts from judgments of leading cases. References to other relevant cases, statutes, articles and official reports are also incorporated where appropriate.
Book Synopsis Dispositions in Breach of Trust by : Ying-Chieh Wu
Download or read book Dispositions in Breach of Trust written by Ying-Chieh Wu and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Practical Treatise on the Law Relating to Trustees by : James Hill
Download or read book A Practical Treatise on the Law Relating to Trustees written by James Hill and published by . This book was released on 1845 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Gurry on Breach of Confidence by : Tanya Aplin
Download or read book Gurry on Breach of Confidence written by Tanya Aplin and published by OUP Oxford. This book was released on 2012-03-29 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently, Johnson and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.
Book Synopsis A Revised Edition of the Ordinances of the Government of Ceylon ...: 1883-89 by : Ceylon
Download or read book A Revised Edition of the Ordinances of the Government of Ceylon ...: 1883-89 written by Ceylon and published by . This book was released on 1895 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Trusts and Equitable Obligations by : Robert Pearce
Download or read book The Law of Trusts and Equitable Obligations written by Robert Pearce and published by Oxford University Press. This book was released on 2010-06-24 with total page 1134 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.
Download or read book The Weekly Reporter written by and published by . This book was released on 1864 with total page 1394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to the Law on Financial Investment by : Iain G MacNeil
Download or read book An Introduction to the Law on Financial Investment written by Iain G MacNeil and published by Bloomsbury Publishing. This book was released on 2012-01-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. "MacNeil's eloquent and informative distillation of the regulatory fundamentals of investment law gives his book much international relevance...a timely contribution to help readers decipher the seemingly inextricable maze of financial regulation...Practitioners and legal policy advisers will..welcome it. They should find enlightening the book's careful scrutiny of the trust and contractual foundations of investment law and practice." Benjamin J Richardson Journal of International Banking Law and Regulation, Vol 22 Issue 1, 2007 ...a fascinating and informative book...thoroughly recommended as a learned but at the same time very readable introduction to the law of financial investment Gerard McCormack Banking and Finance Law Review, Volume 21 No 2, June 2006 ...very informative tool that introduces in a very friendly and accessible manner the nearly inextricable world of financial investment laws. Fadi Moghaizel International Company and Commercial Law Review, Vol. 17 No 2, February 2006
Book Synopsis A Treatise on the Law of Trusts and Trustees by : Jairus Perry
Download or read book A Treatise on the Law of Trusts and Trustees written by Jairus Perry and published by BoD – Books on Demand. This book was released on 2023-10-17 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1874.
