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"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.
The Law of Trusts and Equitable Obligations by Robert Pearce,John Stevens,Warren Barr Pdf
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.
Author : Robert A. Pearce,Warren Barr Publisher : Oxford University Press, USA Page : 1103 pages File Size : 44,5 Mb Release : 2015 Category : Law ISBN : 9780199644452
Pearce & Stevens' Trusts and Equitable Obligations by Robert A. Pearce,Warren Barr Pdf
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.
Warren Barr,Warren (Professor in Law and Dean Barr, School of Law and Social Justice University of Liverpool),John (Senior Lecturer in Law Picton, University of Liverpool)
Author : Warren Barr,Warren (Professor in Law and Dean Barr, School of Law and Social Justice University of Liverpool),John (Senior Lecturer in Law Picton, University of Liverpool) Publisher : Unknown Page : 984 pages File Size : 42,8 Mb Release : 2022-06-23 Category : Electronic ISBN : 0198867492
Pearce and Stevens' Trusts and Equitable Obligations by Warren Barr,Warren (Professor in Law and Dean Barr, School of Law and Social Justice University of Liverpool),John (Senior Lecturer in Law Picton, University of Liverpool) Pdf
Pearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and contextualized account of the law of equity and trusts.
Author : Arthur B. Laby,Jacob Hale Russell Publisher : Unknown Page : 375 pages File Size : 40,9 Mb Release : 2021-09-09 Category : Business & Economics ISBN : 9781108485128
Author : Michael Bryan,Vicki Vann,V. J. Vann Publisher : Cambridge University Press Page : 457 pages File Size : 46,8 Mb Release : 2012-07-17 Category : Law ISBN : 9780521676632
Equity and Trusts in Australia by Michael Bryan,Vicki Vann,V. J. Vann Pdf
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.
Accessories in Private Law by Joachim Dietrich,Pauline Ridge Pdf
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.
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...
Author : Peter Birks,Francis Rose Publisher : Taylor & Francis Page : 450 pages File Size : 50,8 Mb Release : 2020-11-25 Category : Law ISBN : 9781000288131
Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation by Peter Birks,Francis Rose Pdf
The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Law of Obligations & Legal Remedies by Geoffrey Samuel Pdf
This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law. The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.
Equitable Compensation and Disgorgement of Profit by Simone Degeling,Jason NE Varuhas Pdf
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.
Equitable Compensation and Disgorgement of Profit by Simone Degeling,Jason NE Varuhas Pdf
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.
