The Duty Of Loyalty In Trust Law

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The Oxford Handbook of Fiduciary Law

Author : Evan J. Criddle
Publisher : Oxford University Press
ISBN 13 : 0190634111
Total Pages : 1028 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle

Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Fiduciary Law

Author : Tamar Frankel
Publisher :
ISBN 13 : 019539156X
Total Pages : 334 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Fiduciary Law by : Tamar Frankel

Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

Pension Fund Capitalism

Author : Gordon L. Clark
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199240487
Total Pages : 342 pages
Book Rating : 4.2/5 (44 download)

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Book Synopsis Pension Fund Capitalism by : Gordon L. Clark

Download or read book Pension Fund Capitalism written by Gordon L. Clark and published by Oxford University Press on Demand. This book was released on 2000 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of pension funds has been nothing short of astronomical. Pension funds now dominate the world's financial markets, affecting nations' wealth, community development, and industrial well being. Yet little is known about their structure and organization. Pension funds and their agentsin the investment industry control enormous sums of money, profoundly affecting the structure and performance of nation-states and the global economy. At the same time, it is also apparent that many western governments are retreating from the provision of 'public good' once thought essential to thefabric of urban life. Clark agues that if we are to understand the long-term future of the western economies (in general) and our communities (in particular), we need also to understand how institutional investors allocate assets, mobilize funds, and make investment decisions. There are few studies of the relationship between pension funds and the financial services industry. Pension Fund Capitalism fills an important gap in the literature as well as the intersection between pension funds and public policy.

The Law of Trusts

Author : Browne C. Lewis
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781515224303
Total Pages : 396 pages
Book Rating : 4.2/5 (243 download)

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Book Synopsis The Law of Trusts by : Browne C. Lewis

Download or read book The Law of Trusts written by Browne C. Lewis and published by Createspace Independent Publishing Platform. This book was released on 2015-07-25 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.

Research Handbook on Fiduciary Law

Author : D. Gordon Smith
Publisher : Edward Elgar Publishing
ISBN 13 : 1784714836
Total Pages : 471 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Fiduciary Law by : D. Gordon Smith

Download or read book Research Handbook on Fiduciary Law written by D. Gordon Smith and published by Edward Elgar Publishing. This book was released on with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.

Fiduciary Loyalty

Author : Matthew Conaglen
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315569
Total Pages : 332 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Fiduciary Loyalty by : Matthew Conaglen

Download or read book Fiduciary Loyalty written by Matthew Conaglen and published by Bloomsbury Publishing. This book was released on 2010-01-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.

Trends in Contemporary Trust Law

Author : A. J. Oakley
Publisher : Oxford University Press
ISBN 13 : 9780198262862
Total Pages : 390 pages
Book Rating : 4.2/5 (628 download)

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Book Synopsis Trends in Contemporary Trust Law by : A. J. Oakley

Download or read book Trends in Contemporary Trust Law written by A. J. Oakley and published by Oxford University Press. This book was released on 1996 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.

Abridgment of The Law of Trusts

Author : Austin Wakeman Scott
Publisher :
ISBN 13 :
Total Pages : 844 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis Abridgment of The Law of Trusts by : Austin Wakeman Scott

Download or read book Abridgment of The Law of Trusts written by Austin Wakeman Scott and published by . This book was released on 1960 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Trusts

Author : George T. Bogert
Publisher :
ISBN 13 : 9780314283344
Total Pages : 752 pages
Book Rating : 4.2/5 (833 download)

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Book Synopsis The Law of Trusts by : George T. Bogert

Download or read book The Law of Trusts written by George T. Bogert and published by . This book was released on 1985-08 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Fiduciary Duties

Author : Michael Ng
Publisher : Canada Law Book
ISBN 13 : 9780888043986
Total Pages : pages
Book Rating : 4.0/5 (439 download)

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Book Synopsis Fiduciary Duties by : Michael Ng

Download or read book Fiduciary Duties written by Michael Ng and published by Canada Law Book. This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciaries and Trust

Author : Paul B. Miller
Publisher : Cambridge University Press
ISBN 13 : 110848042X
Total Pages : 357 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Fiduciaries and Trust by : Paul B. Miller

Download or read book Fiduciaries and Trust written by Paul B. Miller and published by Cambridge University Press. This book was released on 2020-04-02 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the interactions of fiduciary law and personal and political trust in private, public and international law.

Comparative Company Law

Author : Andreas Cahn
Publisher : Cambridge University Press
ISBN 13 : 1107186358
Total Pages : 1095 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Comparative Company Law by : Andreas Cahn

Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.

Loring and Rounds: A Trustee's Handbook, 2021 Edition

Author : Rounds
Publisher : Wolters Kluwer
ISBN 13 : 1543818676
Total Pages : 1884 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Loring and Rounds: A Trustee's Handbook, 2021 Edition by : Rounds

Download or read book Loring and Rounds: A Trustee's Handbook, 2021 Edition written by Rounds and published by Wolters Kluwer. This book was released on 2020-12-11 with total page 1884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the 2021 Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: The 2021 Handbook fully covers the fourth income and principal act issued by the Uniform Law Commission, namely the Uniform Fiduciary Income and Principal Act (2018), otherwise known as UFIPA. UFIPA has been covered extensively in this edition and has been added in many separate sections. A new section covers remedies at law for breaches of trust, such as the tort of intentional interference with inheritance or acquisition by inter vivos transfer. In addition, the Handbook has been updated with 200+ new cases, including: Roth v. Jelley, holding that, when it comes to a judicial proceeding that could adversely affect the equitable property rights of a trust beneficiary,the beneficiary is entitled under the Due Process Clause of the Fourteenth Amendment to notice and an opportunity to be heard. This case also discusses the various consequences attendant to the failure to provide such notice. Hector v. Bank of N.Y. Mellon, where the court, having in part looked to the Restatement (Third) for guidance, held that the designated passive corporate trustee of a securitized fund of mortgage-backed notes would not be personally at fault, and therefore, not personally liable for any injuries to the tenants of a certain parcel of real estate, title to which the trustee had acquired via foreclosure, that might be occasioned by their exposure to lead paint in and about the premises. Murphy v. Trustee of Star Financial Bank, a case discussing the unfortunate linkage of survivorship and per stirpes: "to their surviving children per stirpes." The court held that the way in which "surviving" and "per stirpes" were linked rendered the provision itself ambiguous in that the "condition of survival negates the right of representation inherent in a per stirpes distribution." 2020 Tax Rates for Trusts and 2021 Projected Tax Rate Schedule for Trusts Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2020 Edition, ISBN 9781543818666

Equity and Trusts in Australia

Author : Michael Bryan
Publisher : Cambridge University Press
ISBN 13 : 0521676630
Total Pages : 457 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis Equity and Trusts in Australia by : Michael Bryan

Download or read book Equity and Trusts in Australia written by Michael Bryan and published by Cambridge University Press. This book was released on 2012-07-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.

The Sense of an Ending

Author : Julian Barnes
Publisher : Vintage
ISBN 13 : 0307957330
Total Pages : 158 pages
Book Rating : 4.3/5 (79 download)

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Book Synopsis The Sense of an Ending by : Julian Barnes

Download or read book The Sense of an Ending written by Julian Barnes and published by Vintage. This book was released on 2011-10-05 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: BOOKER PRIZE WINNER • NATIONAL BESTSELLER • A novel that follows a middle-aged man as he contends with a past he never much thought about—until his closest childhood friends return with a vengeance: one of them from the grave, another maddeningly present. A novel so compelling that it begs to be read in a single setting, The Sense of an Ending has the psychological and emotional depth and sophistication of Henry James at his best, and is a stunning achievement in Julian Barnes's oeuvre. Tony Webster thought he left his past behind as he built a life for himself, and his career has provided him with a secure retirement and an amicable relationship with his ex-wife and daughter, who now has a family of her own. But when he is presented with a mysterious legacy, he is forced to revise his estimation of his own nature and place in the world.

Philosophical Foundations of Fiduciary Law

Author : Andrew S. Gold
Publisher :
ISBN 13 : 0198701721
Total Pages : 449 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of Fiduciary Law by : Andrew S. Gold

Download or read book Philosophical Foundations of Fiduciary Law written by Andrew S. Gold and published by . This book was released on 2014 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.