Commercial Aspects of Trusts and Fiduciary Obligations

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Commercial Aspects of Trusts and Fiduciary Obligations

Ewan McKendrick

ISBN13: 9780198257653

ISBN: 0198257651

Published: December 1993

Publisher: Oxford University Press

Country of Publication: UK

Format: Hardback

Price: £257.50

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The theme of the essays in this volume recognises the continuing practical importance of equity in the law today. But it is not in connection with formal trusts in family settlements that equity makes itself most powerfully felt.

It is in other forms or other equitable obligations, often in a commercial context, and in particular involving the fiduciary obligations of those in whom trust or confidence is reposed and in the consequences of any breach of those obligations that equity continues to play a significant role.

Subjects:: Equity and Trusts

Contents:: Part 1 Statutory regulation of financial services and general fiduciary obligations:; fiduciary law and the modern commercial world, Paul Finn.; The statutory regulation of financial services in the United Kingdom and the development of Chinese Walls in managing conflicts of interest, Peter Graham; The relationship between regulations governing the financial services industry and fiduciary duties under the general law, Jack Beatson.; Part 2 Directors' duties to shareholders, creditors, and employees:; directors, creditors and shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, Paul L.Davies; Directors' duties to shareholders, employees and other creditors - a view from the continent, Klaus J.Hopt.; Part 3 Trusts in the recovery of misapplied assets:; the recovery of a director's improper gains - proprietary remedies for infringement of non-proprietary rights, Roy Goode; Trusts in the recovery of misapplied assets - tracing, trusts, and restitution, Peter Birks; The treatment of trust assets in English insolvency law, Hamish Anderson.; Part 4 Asset protection for multinational companies and their shareholders:; asset protection for multination corporations, Harry Wiggin; The adaptation of the asset protection trust for use by the multinational corporation - the American perspective, Jeffrey Schoenblum.