Equity, Trusts and Commerce

Erscheinungsjahr 2019
ISBN: 978-1-5099-3218-4
Verlag: Hart Publishing

Buch, Englisch, 384 Seiten, Paperback, Format (B × H): 154 mm x 232 mm, Gewicht: 1160 g

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.

Autoren/Hrsg.

Davies, Paul S

Penner, James

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Davies, Paul S
Paul S Davies is Professor of Commercial Law at UCL and a Barrister at Essex Court Chambers. He was previously a Fellow of Gonville and Caius College, Cambridge and St Catherine's College, Oxford. Paul has also worked at the Law Commission. He is the author of Accessory Liability (Hart Publishing, 2015; revised paperback edition, 2017), which won the main Inner Temple Book Prize in 2018, JC Smith's The Law of Contract (3rd ed, OUP, 2021), and a co-author of Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019 (with Graham Virgo)). Paul is also an editor of both Chitty on Contracts and Snell's Equity. In 2020 Paul was awarded a Philip Leverhulme Prize in Law.

Photo courtesy of Faculty of Law, University of Oxford.

Penner, James
James Penner is Professor at the Faculty of Law, National University of Singapore. Since 1992, he has taught law at Brunel University, the London School of Economics, King's College London, and from 2008 until 2013 as Professor of Property Law at the Faculty of Laws, University College London. He has been a visiting professor in China, Canada, Belgium, and Australia.

Paul S Davies is Associate Professor in Law at the University of Oxford, and Fellow of St Catherine's College, Oxford.
James Penner is Professor at the Faculty of Law, National University of Singapore.