<i>Equity, Trusts and Commerce</i> offers something for everyone, students, practitioners, and academics. While students may read the essays to deepen the understanding of the interaction of equity and commercial law, practitioners will certainly appreciate the theoretical discussions of case law and the several practical implications ... This work definitely enriches Hart’s series in Private Law, and is a must have in every common law lawyer’s (but not only) shelf.
- Piergiuseppe Pusceddu, Trusts & Trustees
This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.
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1. Equity, Shareholders and Company Law
Tan Cheng-Han and Wee Meng-Seng
2. Some Aspects of the Intersection of the Law of Agency with the Law of Trusts
Peter Watts
3. Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds
Tang Hang Wu
4. Certainty, Identification and Intention in Personal Property Law
Michael Bridge
5. Floating Trusts
Robert Stevens
6. ‘Sort of’ Backwards Tracing
James Penner
7. Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures
Richard Nolan
8. Trusts, Objectivity and Rectification
Simon Douglas
9. The Arbitrability of Trust Instruments: Why Not?
Elaine Chew
10. Bribery
Paul S Davies
11. Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach
Deborah A DeMott
12. Equitable Liability of Corporate Accessories
Jamie Glister
13. The Nature of ‘Knowing Receipt’
William Swadling
14. Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules
Sarah Worthington
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Equity, Trusts and Commerce offers something for everyone, students, practitioners, and academics. While students may read the essays to deepen the understanding of the interaction of equity and commercial law, practitioners will certainly appreciate the theoretical discussions of case law and the several practical implications ... This work definitely enriches Hart’s series in Private Law, and is a must have in every common law lawyer’s (but not only) shelf.
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A collection of essays by leading academic commentators on the role of equity and trust in commercial law.
Now available in paperback
Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
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Produktdetaljer
ISBN
9781509932184
Publisert
2019-09-19
Utgiver
Vendor
Hart Publishing
Vekt
540 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
384