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Defences in Equity

Edited by: Paul S. Davies,  Simon Douglas, James Goudkamp

ISBN13: 9781509941117
Published: October 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback 2018)
Price: £44.99
Hardback edition , ISBN13 9781849467247



In stock.

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Subjects:
Equity and Trusts
Contents:
1. Introduction
3. Set-Off and the Nature of Equity
4. Purchase for Value Without Notice
5. Beneficiaries' Consent to Trustees' Unauthorised Acts
6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation
7. Exemption Clauses in Trusts
8. Professional Advice
9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets
10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability
11. Marshalling Marshalling
12. Illegality in Equity
13. The Future of Clean Hands
14. 'Not Slavishly Nor Always'-Equity and Limitation Statutes
15. The Importance of Being Earnest: The Doctrines of Laches and Acquiescence

Series: Hart Studies in Private Law: Essays on Defences

Defences in Contract ISBN 9781509930081
Published June 2019
Hart Publishing
£35.00
Defences in Contract (eBook) ISBN 9781509902149
Published June 2019
Hart Publishing
£31.50
(ePub)
Buy
Defences in Equity ISBN 9781849467247
Published May 2018
Hart Publishing
£90.00
Defences in Tort ISBN 9781509914166
Published May 2017
Hart Publishing
£39.99
Defences in Contract ISBN 9781849467230
Published February 2017
Special offer (limited stock)
£80.00
Defences in Tort (eBook) ISBN 9781782255437
Published January 2015
Hart Publishing
£35.99
(ePub)
Buy
Defences in Tort ISBN 9781849465267
Published January 2015
Hart Publishing
£95.00