Breach of Trust

by Birks, Peter; Pretto, Arianna

• ISBN13: 9781841131740
• ISBN10: 1841131741
• Format: Hardcover
• Copyright: 2002-07-05
• Publisher: Hart Publishing

Summary

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'.

Author Biography

Professor Peter Birks QC, FBA is Regius Professor of Civil Law in the University of Oxford and Fellow of All Souls College Oxford Professor Robert Chambers is Associate Professor in the Faculty of Law of the University of Alberta at Edmonton Mr Rod Edmunds is Senior Lecturer in Law at the School of Legal Studies of the University of Sussex Dr David Fox is Fellow of St John's College Cambridge and Assistant Lecturer in Law in the University of Cambridge Dr Joshua Getzler is Fellow and Tutor in Law of St Hugh's College Oxford and CUF Lecturer in Law in the University of Oxford Mr John Lowry is Reader in Law at the Centre for Commercial Law Studies, Queen Mary, University of London Dr Charles Mitchell is Lecturer in Law at King's College London Professor David Hayton is Professor of Law at King's College London Ms Jennifer Payne is Fellow and Tutor in Law of Merton College Oxford and Travers Smith Braithwaite Lecturer in Corporate Finance Law in the University of Oxford Dr James Penner is Senior Lecturer in Law at the London School of Economics and Political Science Dr Arianna Pretto is Dottore di Ricerca of the University of Trento and Fellow-Elect of Brasenose College, Oxford Mr Edwin Simpson is Official Student and Tutor in Law of Christ Church Oxford and Barclays Bank Lecturer in Law in the University of Oxford Professor Lionel Smith is Associate Professor in the Faculty of Law of McGill University, Montreal. Mr William Swadling is Fellow and Tutor in Law of Brasenose College Oxford and CUF Lecturer in Law in the University of Oxford Mr Gary Watt is Lecturer in Law at the School of Law of the University of Warwick

Table of Contents

Preface	p. vii
Contributors	p. xv
Table of Cases	p. xvii
Table of Legislation	p. xlv
Table of Treaties	p. li
Liability	p. 1
Duty of Care	p. 41
Conflicts	p. 75
Overreaching	p. 95
Transfers	p. 111
Assistance	p. 139
Receipt	p. 213
Exemptions	p. 241
Excuses	p. 269
Consent	p. 297
Limitation	p. 319
Laches, Estoppel and Election	p. 353
Overview	p. 379
Index	p. 401
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