Equitable Obligations

Equitable Obligations
Author: Malcolm Cope
Publisher:
Total Pages: 488
Release: 2007-01-01
Genre: Breach of trust
ISBN: 9780455221502

"Equitable Obligations: Duties, Defences and Remedies examines the duties, defences and remedies that are applicable to claims for breach of trust and breach of fiduciary duty. The text is unique in that it provides comprehensive analysis of the context in which a breach occurs and the consequences of a breach of these particular duties." "The work provides detailed discussion of Australian legal developments in relation to trust and fiduciary relationships. Comparative perspectives from New Zealand, Canada and the United Kingdom are also included throughout the text to provide an additional context within which to evaluate Australian developments." "This book offers fresh and essential insights for all those interested in trust and fiduciary relations, and the complexities of equitable relief in general."--BOOK JACKET.

Author:
Publisher:
Total Pages: 983
Release:
Genre:
ISBN: 0198745494

The Law of Trusts and Equitable Obligations

The Law of Trusts and Equitable Obligations
Author: Robert Pearce
Publisher: Oxford University Press, USA
Total Pages: 1134
Release: 2010-06-24
Genre: Language Arts & Disciplines
ISBN: 0199570639

The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.

Pearce & Stevens' Trusts and Equitable Obligations

Pearce & Stevens' Trusts and Equitable Obligations
Author: Robert A. Pearce
Publisher: Oxford University Press, USA
Total Pages: 1103
Release: 2015
Genre: Law
ISBN: 0199644454

Pearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and stimulating account of the law of equity and trusts. The authors' clear and authoritative writing illuminates the law and its practical application.

Fiduciary Obligations in Business

Fiduciary Obligations in Business
Author: Arthur B. Laby
Publisher:
Total Pages: 375
Release: 2021-09-09
Genre: Business & Economics
ISBN: 110848512X

Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.

Accessories in Private Law

Accessories in Private Law
Author: Joachim Dietrich
Publisher: Cambridge University Press
Total Pages: 796
Release: 2016-01-25
Genre: Law
ISBN: 1316472973

Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

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.

Equitable Compensation and Disgorgement of Profit

Equitable Compensation and Disgorgement of Profit
Author: Simone Degeling
Publisher: Bloomsbury Publishing
Total Pages: 392
Release: 2017-04-06
Genre: Law
ISBN: 1509901469

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.

Fiduciary Obligations

Fiduciary Obligations
Author: Paul Finn
Publisher:
Total Pages: 397
Release: 2016-12-06
Genre: Fiducia
ISBN: 9781760020774

This volume brings together three separate works written by Paul Finn over nearly 40 years. The first, Fiduciary Obligations, was published in 1977. It has been out of print for many years, though it is still widely cited both in judicial decisions in common law countries and in international scholarship on fiduciary law. It has been regarded widely as a 'seminal' or 'classic' piece. Its publication preceded two important developments. The first was the High Court of Australia's systematic reappraisal of equity jurisprudence in the 1980s. This contributed significantly to the shaping and future direction of modern fiduciary law in Australia. The second was the growth in civil litigation in common law countries against banks, advisers in many guises, commercial 'agents', franchisees, joint venturers and other commercial actors which raised issues as to the extent to which, if at all, functions they performed for customers, etc, could attract strict fiduciary standards of conduct or merely those lesser standards otherwise imposed by the common law or equity.These two developments inform the second work in the volume, "The Fiduciary Principle", which was published in Canada in 1989, but is relatively unknown in Australia. Though its scope was limited designedly to those standards of conduct the fiduciary principle imposed on private law fiduciaries, it indicated when, and to what extent, a person or body would be a 'fiduciary' for the purposes of those standards. It accepted that, while 'fiduciary' could not be defined, it could be described. That description, founded on a 'legitimate expectation' test, is commonly used both in Australia and elsewhere.The third piece, "Fiduciary Reflections" was published in 2014 and contains the author's personal reflections on the course of Australian fiduciary law since the publication of Fiduciary Obligations. It suggests that, despite the clear signposts for the future development of fiduciary law given by the High Court in the 1980s, recent decisions of subordinate Australian courts seem to be heading, unnecessarily, in the opposite direction. Now at risk are the coherence of fiduciary law and its rationale.* Click here for information on our title Finn's Law: An Australian Justice edited by Tim Bonyhady.From the Book Launch Fiduciary Obligations and Finn's Law, address by The Hon Keith Mason AC QC, 9 February 2017..."Fiduciary Obligations comes with a modern Introductory Comment by Paul himself, a Preface by Sir Anthony Mason, and the reproduction of two of Paul's many extra-judicial contributions on the topic. These are an article on The Fiduciary Principle that first appeared in 1989 and another, called Fiduciary Reflections, that was published in 2014. The latter tracks developments in Paul's thinking and scholarship on this topic over the past 40 years as well as its reception into law. ... Together, these two books will enable the discerning academic or practitioner to survey large swathes of law. The eminence of the various contributors allows us to be sure that we are shown where the law has come from, where it is going, and where the law in Australia is converging or diverging from that of overseas. Each book shows what vast strides have been made in the coherent understanding of legal and equitable principles, the magnetic interplay between statutory and judge-made law, and the convergence of public and private law discourse that has taken place in the 46 years since Paul Finn first slipped shyly into postgraduate studies at London University." Read Launch Speech...