Breach of Trust
Peter Birks, Arianna Pretto
Hart Publishing, 2002 - Law - 405 pages
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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afﬁrming apply Barclays Bank BCLC beneﬁcial interest beneﬁciaries beneﬁt Birks breach of duty breach of ﬁduciary breach of trust claimant common law company law company’s consent constructive trust contract Court of Appeal courts of equity decision defendant defendant’s difﬁculty director dishonest assistance enforce express trustees fact ﬁduciary duty ﬁduciary obligation ﬁnding ﬁrm ﬁrst fraud fraudulent held investment knowing receipt Law of Trusts liability for dishonest Limitation Act Lloyd’s Rep Bank Lord Millett Lord Nicholls loss Millett LJ NZLR OUP Oxford overreaching personal claim plaintiff primary breach principle proﬁt proprietary right Pty Ltd reason remedy restitution Resulting Trusts Royal Brunei section 61 settlor shareholder signiﬁcance speciﬁc standard statute statutory strict liability substitute sufﬁcient third party tion tort transaction transfer trust assets trust fund trust law trust property Trustee Act trustee’s unauthorized unjust enrichment wrong wrongdoer wrongdoing