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Breach of Trust - Peter. B. H. Birks

Breach of Trust

By: Peter. B. H. Birks (Editor), Arianna Pretto (Editor)

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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 center 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 defenses 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.

...the book has been prepared as a coherent and integrated whole, rather than simply a collection of essays on the topic. It is careful and thought-provoking, and a valuable contribution to the literature. James Chalmers The Edinburgh Law Review, Vol 9 2005 The title of this book and its chapters are beguilingly simple but the contents provide fascinatingly deep analyses of contemporary issues. This book is an essential collection of studies for anyone concerned with the law on breach of trust, its possible reform (or change) and the changing position of the breach of trust law and its relationship with the common law. JGG Trusts and Trustees September 2002 In content this book is a heavy-weight. It is aimed at academics, chancery judges and specialist practicioners. However, anyone seekng to formulate or to defend a claim relating to a fiduciary duty would do well to consider the points made in this book. C I Howells, Lincoln's Inn New Law Journal October 2002

Prefacep. vii
Contributorsp. xv
Table of Casesp. xvii
Table of Legislationp. xlv
Table of Treatiesp. li
Liabilityp. 1
Duty of Carep. 41
Conflictsp. 75
Overreachingp. 95
Transfersp. 111
Assistancep. 139
Receiptp. 213
Exemptionsp. 241
Excusesp. 269
Consentp. 297
Limitationp. 319
Laches, Estoppel and Electionp. 353
Overviewp. 379
Indexp. 401
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841131740
ISBN-10: 1841131741
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 448
Published: 5th July 2002
Country of Publication: GB
Dimensions (cm): 24.0 x 16.6  x 3.5
Weight (kg): 0.86
Edition Number: 1