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Vol 25 No 2 Feb/March 2020

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Defences in Equity

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

ISBN13: 9781849467247
Published: May 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00

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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 and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Equity and Trusts
2. Equitable Defences as Meta-Law HENRY E SMITH
3. Set-Off and the Nature of Equity ROBERT STEVENS
4. Purchase for Value Without Notice DAVID FOX
5. Beneficiaries' Consent to Trustees' Unauthorised Acts YING KHAI LIEW AND CHARLES MITCHELL
6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation SIMONE DEGELING
7. Exemption Clauses in Trusts PHILIP SALES
8. Professional Advice MICHAEL ASHDOWN
9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets PG TURNER
10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability JOSHUA GETZLER
11. Marshalling Marshalling CHRISTOPHER HARE
12. Illegality in Equity PAUL S DAVIES
13. The Future of Clean Hands NICHOLAS J MCBRIDE
14. `Not Slavishly Nor Always'-Equity and Limitation Statutes MARK LEEMING
15. The Importance of Being Earnest: The Doctrines of Laches and Acquiescence LUSINA HO

Series: Hart Studies in Private Law: Essays on Defences

Defences in Contract ISBN 9781509930081
Published June 2019
Hart Publishing
Defences in Tort ISBN 9781509914166
Published May 2017
Hart Publishing
Defences in Contract ISBN 9781849467230
Published February 2017
Hart Publishing
Defences in Contract (eBook) ISBN 9781509902149
Published February 2017
Hart Publishing
Defences in Tort ISBN 9781849465267
Published January 2015
Hart Publishing
Defences in Tort (eBook) ISBN 9781782255437
Published January 2015
Hart Publishing