Equity and Trusts in Australia

Equity and Trusts in Australia
Author: Michael Bryan
Publisher: Cambridge University Press
Total Pages: 457
Release: 2012-07-17
Genre: Law
ISBN: 0521676630

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.

Trusts and Modern Wealth Management

Trusts and Modern Wealth Management
Author: Richard C. Nolan
Publisher: Cambridge University Press
Total Pages: 609
Release: 2018-05-31
Genre: Business & Economics
ISBN: 1107170494

New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.

A Modern View of the Law of Torts

A Modern View of the Law of Torts
Author: J. S. Colyer
Publisher: Elsevier
Total Pages: 254
Release: 2014-05-16
Genre: Law
ISBN: 1483156389

A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

The Principles of Equity & Trusts

The Principles of Equity & Trusts
Author: Graham Virgo
Publisher: Oxford University Press
Total Pages: 735
Release: 2018
Genre: Law
ISBN: 0198804717

'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.

The Oxford Handbook of Fiduciary Law

The Oxford Handbook of Fiduciary Law
Author: Evan J. Criddle
Publisher: Oxford University Press
Total Pages: 1028
Release: 2019-04-29
Genre: Law
ISBN: 0190634111

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.

Scott and Ascher on Trusts

Scott and Ascher on Trusts
Author: Austin Wakeman Scott
Publisher:
Total Pages: 570
Release: 2006
Genre: Trusts and trustees
ISBN:

"Now including all eight volumes updated in this Fifth Edition, Scott and Ascher on Trusts, formerly published as Scott on Trusts , is widely regarded as the leading authority on the law of trusts. Scott and Ascher on Trusts offers practical advice on the creation, administration, and termination of all kinds of trusts, as well as incisive analysis of the underlying principles of trust law. The duties of trustees and the rights of beneficiaries, would-be beneficiaries, and third parties are constantly being changed and redefined. This preeminent resource keeps you abreast of the latest developments in trust law, enabling you to resolve trust problems efficiently and effectively with regular updates integrating the latest court decisions and legislative changes. Scott and Ascher on Trusts allows you to examine the full range of your options at every stage, from client counseling to final distribution."--Publisher's website.

Breach of Trust

Breach of Trust
Author: Peter Birks
Publisher: Bloomsbury Publishing
Total Pages: 303
Release: 2002-07-05
Genre: Law
ISBN: 1847316832

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'.

Fiduciary Loyalty

Fiduciary Loyalty
Author: Matthew Conaglen
Publisher: Bloomsbury Publishing
Total Pages: 332
Release: 2010-01-08
Genre: Law
ISBN: 1847315569

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.