Participation In A Breach Of Trust
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Participation In A Breach Of Trust
Author | : Austin Wakeman Scott |
Publisher | : Legare Street Press |
Total Pages | : 0 |
Release | : 2023-07-18 |
Genre | : |
ISBN | : 9781021231369 |
Scott provides a legal analysis of the concept of 'participation' in breaches of trust, offering insights into the legal responsibilities of those who assist in such breaches and the remedies available to victims. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Breach of Trust
Author | : Peter Birks |
Publisher | : Hart Publishing |
Total Pages | : 465 |
Release | : 2002-07-05 |
Genre | : Law |
ISBN | : 1841131741 |
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.
The Evolution of the Law of Trustee's Powers and Third Party Liability for Participating in a Breach of Trust
Author | : Peter T. Wendel |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : |
ISBN | : |
The evolution of the law concerning a trustee's powers and a third party's liability for participating in a breach of trust generally supports efficiency in the law. The standard of liability for third parties participating in a breach of trust, as set forth in the recently adopted Uniform Trust Code, however, does not. From an economic perspective, the standard of liability for participating in a breach of trust allocates the risk of harm associated with a breach of trust between the trust beneficiaries and the third party who participated in the breach. Efficiency is promoted when the total costs associated with the breach of trust (the costs of the precautions plus the costs of a breach plus the administrative costs) are minimized. Over time the purpose of the trust has changed from preserving the trust property to managing it. At common low, a third party who participated in a breach of trust was basically strictly liable. As applied to the modern trust, the common law standard of liability became cumbersome and inefficient. This article examines the different approaches to third party liability in a breach of trust from an economic perspective, looking specifically at the Uniform Trustees' Powers Act (“UTPA”) and the Uniform Trust Code (“UTC”).
A Contemporary View of Liability for Breach of Trust
Author | : Russell Denison Niles |
Publisher | : |
Total Pages | : 52 |
Release | : 1974 |
Genre | : Breach of trust |
ISBN | : |
The Law of Trusts
Author | : Austin Wakeman Scott |
Publisher | : |
Total Pages | : 392 |
Release | : 1939 |
Genre | : Trusts and trustees |
ISBN | : |
Breach of Trust
Author | : Human Rights Watch Staff |
Publisher | : |
Total Pages | : 84 |
Release | : 1995-10 |
Genre | : |
ISBN | : 9780300065930 |
Loring and Rounds
Author | : Jr. Charles E. Rounds |
Publisher | : Wolters Kluwer Law & Business |
Total Pages | : 1916 |
Release | : 2022-01-31 |
Genre | : Trusts and trustees |
ISBN | : 1543837050 |
Loring and Rounds: A Trustee's Handbook (2022) 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 (2022) 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 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: In the 2022 Edition, there are 91 judicial-decision references and 186 footnotes that were not in the 2021 Edition. Forty pre-existing footnotes have been revised along with their accompanying texts. There has been a major across-the-board expansion, re-organization, renovation, consolidation, coordination, and updating of the content devoted to the intersection of trust law and constitutional (U.S.) law. We have, for example, opened up a whole new section devoted entirely to relevant taking and due process jurisprudence. See §5.3.1A and its sub-sections. The Handbook's treatment of the Domestic Asset Protection Trust (DAPT) has been beefed up and consolidated in §9.28. While the Handbook has had much to say about the equitable doctrine of unclean hands as it pertains to trustee conduct, there has been little on its applicability to beneficiary conduct. This oversight has been corrected. See §§ 5.5 & 7.1.9. All this, and much more is included in the 2022 Edition of the Handbook.
Loring and Rounds
Author | : Charles E. Rounds, Jr. |
Publisher | : Wolters Kluwer |
Total Pages | : 1874 |
Release | : 2015-12-18 |
Genre | : Law |
ISBN | : 1454856750 |
Loring and Rounds: A Trustee's Handbook--well over 1,550 pages--is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2016 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property