Overview

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

Full Product Details

Author:   Paul S Davies (University College London, UK) ,  Professor James Penner (National University of Singapore)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.540kg
ISBN:  

9781509932184

ISBN 10:   1509932186
Pages:   384
Publication Date:   19 September 2019
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

1. Equity, Shareholders and Company Law Tan Cheng-Han and Wee Meng-Seng 2. Some Aspects of the Intersection of the Law of Agency with the Law of Trusts Peter Watts 3. Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds Tang Hang Wu 4. Certainty, Identification and Intention in Personal Property Law Michael Bridge 5. Floating Trusts Robert Stevens 6. ‘Sort of’ Backwards Tracing James Penner 7. Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures Richard Nolan 8. Trusts, Objectivity and Rectification Simon Douglas 9. The Arbitrability of Trust Instruments: Why Not? Elaine Chew 10. Bribery Paul S Davies 11. Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach Deborah A DeMott 12. Equitable Liability of Corporate Accessories Jamie Glister 13. The Nature of ‘Knowing Receipt’ William Swadling 14. Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules Sarah Worthington

Reviews

Equity, Trusts and Commerce offers something for everyone, students, practitioners, and academics. While students may read the essays to deepen the understanding of the interaction of equity and commercial law, practitioners will certainly appreciate the theoretical discussions of case law and the several practical implications ... This work definitely enriches Hart's series in Private Law, and is a must have in every common law lawyer's (but not only) shelf. -- Piergiuseppe Pusceddu * Trusts & Trustees *

Author Information

Paul S Davies is Associate Professor in Law at the University of Oxford, and Fellow of St Catherine’s College, Oxford. James Penner is Professor at the Faculty of Law, National University of Singapore.

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