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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Fiduciary Obligations: 40th Anniversary Republication with Additional Essays isbn 9781760020774

Fiduciary Obligations

ISBN13: 9780455195896
ISBN: 0455195897
New Edition ISBN: 9781760020774
Published: January 1977
Publisher: The Lawbook Company Ltd
Country of Publication: Australia
Format: Hardback
Price: £50.00
(Second Hand)

In stock second-hand.

Out of Print

The sole purpose - and justification - of this book is to fill a gap in the writings on Equity. Unlike trusts and equitable remedies, fiduciary obligations have escaped sustained attention by legal commentators. It is hoped that the following pages will serve to dispel many of the misconceptions and mysteries which currently bedevil this branch of the law.

Insofar as a seemingly amorphous mass of case law has permitted, I have attempted to outline the general principles and rules which inform judicial supervision of fiduciaries. Consequently I have not concerned myself with presenting a description of the possible fiduciary incidents of particular legal relationships such as principal and agent or trustee and beneficiary. Indeed, in my view, these "incidents" can only be understood properly after one first divines the purport and nature of Equity's regulation of fiduciaries. And thus one must go back to the general rules and principles.

The manner in which the case law has been packaged and presented here simply represents my own appreciation of the existing law. Doubtless others may see it differently. In coming to my conclusions I have benefited greatly from the comments, doubts and criticisms of others - particularly from Professor Gareth Jones of Trinity College, Cambridge, Dr L. S. Sealy of Gonville & Caius College, Cambridge, W. A. Lee of the University of Queensland, and my wife and colleague Mary.

For typing the manuscript, proof reading and preparation of tables, I must thank Mrs Denise Hokin of Queensland University and Mark Richardson of the Australian National University.

The law is stated as at August 1976.
August, 1976