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Vol 23 No 5 May/June 2018

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Breach of Trust

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Edited by: Peter Birks, Arianna Pretto

ISBN13: 9781841131740
ISBN: 1841131741
Published: July 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00

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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.

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Equity and Trusts
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.