Breach of Trust

Front Cover
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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Contents

1 Liability
1
2 Duty of Care
41
3 Conflicts
75
4 Overreaching
95
5 Transfers
111
6 Assistance
139
7 Receipt
213
8 Exemptions
241
9 Excuses
269
10 Consent
297
11 Limitation
319
12 Laches Estoppel and Election
353
13 Overview
379
Index
401
Copyright

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About the author (2002)

Professor Peter Birks, QC, 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.

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