Overview

Recent 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. Since breach of trust or fiduciary duty occupies the centre of the legal stage, it comes as a surprise that, although one or two novelists have chosen ‘Breach of Trust’ as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading 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. CONTENTS: 1 Robert Chambers ‘Liability for Breach'; 2 Joshua Getzler ‘The Duty of Care’; 3 Edwin Simpson ‘The Conflict of Interest’; 4 David Fox ‘Overreaching’; 5 Lionel Smith ‘Property Transferred in Breach’; 6 Charles Mitchell 'Assistance’; 7 Peter Birks 'Receipt’; 8 James Penner ‘Exemption clauses’; 9 John Lowry and Rod Edmunds ‘Honest and Reasonable Breach’ ; 10 Jennifer Payne ‘Consent’; 11 William Swadling ‘Limitation’; 12 Gary Watt ‘Laches, Estoppel and Election’; 13 David Hayton ‘An Overview’.

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9781841131740

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Reviews

...the book has been prepared as a coherent and integrated whole, rather than simply a collection of essays on the topic. It is careful and thought-provoking, and a valuable contribution to the literature. James Chalmers The Edinburgh Law Review, Vol 9 2005 The title of this book and its chapters are beguilingly simple but the contents provide fascinatingly deep analyses of contemporary issues. This book is an essential collection of studies for anyone concerned with the law on breach of trust, its possible reform (or change) and the changing position of the breach of trust law and its relationship with the common law. JGG Trusts and Trustees September 2002 In content this book is a heavy-weight. It is aimed at academics, chancery judges and specialist practicioners. However, anyone seekng to formulate or to defend a claim relating to a fiduciary duty would do well to consider the points made in this book. C I Howells, Lincoln's Inn New Law Journal October 2002

the book has been prepared as a coherent and integrated whole, rather than simply a collection of essays on the topic. It is careful and thought-provoking, and a valuable contribution to the literature.James ChalmersThe Edinburgh Law Review, Vol 92005The title of this book and its chapters are beguilingly simple but the contents provide fascinatingly deep analyses of contemporary issues.This book is an essential collection of studies for anyone concerned with the law on breach of trust, its possible reform (or change) and the changing position of the breach of trust law and its relationship with the common law.JGGTrusts and TrusteesSeptember 2002In content this book is a heavy-weight. It is aimed at academics, chancery judges and specialist practicioners. However, anyone seekng to formulate or to defend a claim relating to a fiduciary duty would do well to consider the points made in this book.C I Howells, Lincoln's InnNew Law JournalOctober 2002

Author Information

Professor Peter Birks,KC, FBA, is Regius Professor of Civil Law in the University of Oxford and Fellow of All Souls College Oxford. Arianna Pretto-Sakmann is a Fellow and Tutor in Law of Brasenose College Oxford.

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