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Author: Malcolm Cope
Publisher:
ISBN: 9780455221502
Category : Breach of trust
Languages : en
Pages : 488
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Book Description
"Equitable Obligations: Duties, Defences and Remedies examines the duties, defences and remedies that are applicable to claims for breach of trust and breach of fiduciary duty. The text is unique in that it provides comprehensive analysis of the context in which a breach occurs and the consequences of a breach of these particular duties." "The work provides detailed discussion of Australian legal developments in relation to trust and fiduciary relationships. Comparative perspectives from New Zealand, Canada and the United Kingdom are also included throughout the text to provide an additional context within which to evaluate Australian developments." "This book offers fresh and essential insights for all those interested in trust and fiduciary relations, and the complexities of equitable relief in general."--BOOK JACKET.
Author: Malcolm Cope
Publisher:
ISBN: 9780455221502
Category : Breach of trust
Languages : en
Pages : 488
Get Book Here
Book Description
"Equitable Obligations: Duties, Defences and Remedies examines the duties, defences and remedies that are applicable to claims for breach of trust and breach of fiduciary duty. The text is unique in that it provides comprehensive analysis of the context in which a breach occurs and the consequences of a breach of these particular duties." "The work provides detailed discussion of Australian legal developments in relation to trust and fiduciary relationships. Comparative perspectives from New Zealand, Canada and the United Kingdom are also included throughout the text to provide an additional context within which to evaluate Australian developments." "This book offers fresh and essential insights for all those interested in trust and fiduciary relations, and the complexities of equitable relief in general."--BOOK JACKET.
Author:
Publisher:
ISBN: 0198745494
Category :
Languages : en
Pages : 983
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Book Description
Author: Robert Pearce
Publisher: Oxford University Press, USA
ISBN: 0199570639
Category : Language Arts & Disciplines
Languages : en
Pages : 1134
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Book Description
The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.
Author: Paul Finn
Publisher:
ISBN: 9781760020774
Category : Fiducia
Languages : en
Pages : 397
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Book Description
This volume brings together three separate works written by Paul Finn over nearly 40 years. The first, Fiduciary Obligations, was published in 1977. It has been out of print for many years, though it is still widely cited both in judicial decisions in common law countries and in international scholarship on fiduciary law. It has been regarded widely as a 'seminal' or 'classic' piece. Its publication preceded two important developments. The first was the High Court of Australia's systematic reappraisal of equity jurisprudence in the 1980s. This contributed significantly to the shaping and future direction of modern fiduciary law in Australia. The second was the growth in civil litigation in common law countries against banks, advisers in many guises, commercial 'agents', franchisees, joint venturers and other commercial actors which raised issues as to the extent to which, if at all, functions they performed for customers, etc, could attract strict fiduciary standards of conduct or merely those lesser standards otherwise imposed by the common law or equity.These two developments inform the second work in the volume, "The Fiduciary Principle", which was published in Canada in 1989, but is relatively unknown in Australia. Though its scope was limited designedly to those standards of conduct the fiduciary principle imposed on private law fiduciaries, it indicated when, and to what extent, a person or body would be a 'fiduciary' for the purposes of those standards. It accepted that, while 'fiduciary' could not be defined, it could be described. That description, founded on a 'legitimate expectation' test, is commonly used both in Australia and elsewhere.The third piece, "Fiduciary Reflections" was published in 2014 and contains the author's personal reflections on the course of Australian fiduciary law since the publication of Fiduciary Obligations. It suggests that, despite the clear signposts for the future development of fiduciary law given by the High Court in the 1980s, recent decisions of subordinate Australian courts seem to be heading, unnecessarily, in the opposite direction. Now at risk are the coherence of fiduciary law and its rationale.* Click here for information on our title Finn's Law: An Australian Justice edited by Tim Bonyhady.From the Book Launch Fiduciary Obligations and Finn's Law, address by The Hon Keith Mason AC QC, 9 February 2017..."Fiduciary Obligations comes with a modern Introductory Comment by Paul himself, a Preface by Sir Anthony Mason, and the reproduction of two of Paul's many extra-judicial contributions on the topic. These are an article on The Fiduciary Principle that first appeared in 1989 and another, called Fiduciary Reflections, that was published in 2014. The latter tracks developments in Paul's thinking and scholarship on this topic over the past 40 years as well as its reception into law. ... Together, these two books will enable the discerning academic or practitioner to survey large swathes of law. The eminence of the various contributors allows us to be sure that we are shown where the law has come from, where it is going, and where the law in Australia is converging or diverging from that of overseas. Each book shows what vast strides have been made in the coherent understanding of legal and equitable principles, the magnetic interplay between statutory and judge-made law, and the convergence of public and private law discourse that has taken place in the 46 years since Paul Finn first slipped shyly into postgraduate studies at London University." Read Launch Speech...
Author: Michael Bryan
Publisher: Cambridge University Press
ISBN: 0521676630
Category : Law
Languages : en
Pages : 457
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Book Description
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert A. Pearce
Publisher: Oxford University Press, USA
ISBN: 0199644454
Category : Law
Languages : en
Pages : 1103
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Book Description
Pearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and stimulating account of the law of equity and trusts. The authors' clear and authoritative writing illuminates the law and its practical application.
Author: Patrick Dumberry
Publisher: BRILL
ISBN: 9004366121
Category : Law
Languages : en
Pages : 88
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Book Description
The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.
Author: Ioana Tudor
Publisher: Oxford University Press, USA
ISBN: 0199235066
Category : Business & Economics
Languages : en
Pages : 348
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Book Description
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.
Author: Michael Bryan
Publisher: Cambridge University Press
ISBN: 1139536052
Category : Law
Languages : en
Pages : 457
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Book Description
Equity and Trusts in Australia is a practical and engaging introduction to equitable and trusts law in Australia. Drawing on the authors' collective 45 years of teaching experience, this text is carefully designed to cater to the needs of undergraduate law and Juris Doctor students approaching equity and trust law for the first time. The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Comprehensively cross-referenced, it draws links between equitable and trusts doctrines and their wider relationships to the law. The companion website, at www.cambridge.edu.au/academic/equity is an invaluable resource for students and lecturers, featuring further reading, discussion points and practice exercises and solutions.
