Subjects:

Equity and Trusts

Contents:

Liability, Robert Chambers

duty of care, Joshua Getzler

conflicts, Edwin Simpson

overreaching, David Fox

transfers, Lionel Smith

assistance, Charles Mitchell

receipt, Peter Birks exemptions, James Penner

excuses, John Lowry and Rod Edmunds

consent, Jennifer Payne

limitation, William Swadling

laches, estoppel and election, Gary Watt

overview, David Hayton.

Contemporary 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. This text, written by a team of 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.