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Trends In Contemporary Trust Law

Author: A. J. Oakley
Publisher: Oxford University Press
ISBN: 9780198262862
Size: 33.48 MB
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Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.

Trusts Law

Author: Graham Moffat
Publisher: Cambridge University Press
ISBN: 9781139445283
Size: 34.83 MB
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With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.

Essentials Of Equity And Trusts Law

Author: John Duddington
Publisher: Pearson Education
ISBN: 9780582894068
Size: 63.70 MB
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This new textbook on Equity and Trusts Law has been specifically designed to cover all the main topics on undergraduate courses comprehensively but concisely. It offers a clear and accurate explanation of the law, presented in a systematic and logical order for learning and revision. The book is accessible to students new to the subject.

Equity And Trusts Law Directions

Author: Gary Watt
Publisher: Oxford University Press
ISBN: 0198747624
Size: 18.90 MB
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The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: DT Gain a complete understanding of the topic: just the right amount of detail conveyed clearly DT Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear DT Identify when and how to critically evaluate the law: they'll be introduced to the key areas of debate and given the confidence to question the law DT Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further Online Resources Centre An extensive Online Resource Centre provides a wide range of extra resources to further support studies, including: Student resources: DT Three video lectures presented by Gary Watt introduce key areas of debate within the subject DT General guidance on answering essay questions and problem scenarios DT Sample essay questions and problem scenarios, along with answer guidance DT Updates to the law post-publication DT Web links to further primary sources and commentary to aid your understanding DT Flashcard glossary to help test your knowlegde of key terms Lecturer resources: DT Test bank, comprising 200 multiple choice questions with answers and feedback

System Der Vorteilsorientierten Haftung Im Vertrag

Author: Ole Böger
Publisher: Mohr Siebeck
ISBN: 9783161500077
Size: 73.34 MB
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English summary: In the area of gain-based damages, i.e. liability based upon the debtor's gains rather than the creditor's losses, the German legal discussion was traditionally focused on extra-contractual liability, especially in the area of intellectual property law. Ole Boger describes the system of gain-based damages in German contract law. He analyzes the underlying principles behind well-known examples of these claims and differentiates between three sub-types, each of which fulfils different purposes such as deterrence or avoidance of under-compensation. The analysis in this study and its attempt to close existing gaps in German contract law are supported by extensive references to English law, especially with regard to the fiduciary liability of trustees and to ongoing developments and discussions on topics such as restitutionary liability for breach of contract, efficient breach of contract and disgorgement damages. German description: Vorteilsorientierte Haftungsformen stellen nicht auf Schaden des Verletzten oder auf die Ruckgangigmachung von Vermogensverschiebungen ab, sondern auf Gewinne und andere Vorteile der anderen Partei. Wahrend bisher in Form von Bereicherungsrecht oder dreifacher Schadensberechnung primar die ausservertragliche vorteilsorientierte Haftung untersucht wurde, widmet sich Ole Boger dieser Haftung im Vertragsrecht und fuhrt ihre Einzelauspragungen wie den 285 BGB, die Haftung des Geschaftsbesorgers nach 667 BGB und die Eintrittsrechte des HGB auf allgemeine Prinzipien zuruck. Anhand einer rechtsvergleichenden Heranziehung von Trust und Treuhand entwickelt er so ein System der vorteilsorientierten Haftung aus drei Grundtypen, welches die Einzelfalle dieser Haftung fortentwickelt sowie deren Verstandnis scharft und zugleich das Problem einer allgemeinen Gewinnhaftung im Vertrag beantwortet.

Extending The Boudaries Of Trust And Similar Ring Fenced Funds

Author: David Hayton
Publisher: Kluwer Law International B.V.
ISBN: 9041198792
Size: 28.46 MB
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Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.

Measuring Damages In The Law Of Obligations

Author: Sirko Harder
Publisher: Bloomsbury Publishing
ISBN: 1847315909
Size: 62.60 MB
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This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.

Modern Studies In Property Law

Author: Martin Dixon
Publisher: Bloomsbury Publishing
ISBN: 1847315496
Size: 68.82 MB
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This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

Community Home And Identity

Author: Professor Michael Diamond
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409483320
Size: 62.98 MB
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Community, home, and identity are concepts that have concerned scholars in a variety of fields for some time. Legal scholars, sociologists, anthropologists, psychologists, and economists, among others, have studied the impacts of home and community on one's identity and how one's identity is manifested in one's home and in one's community. This volume brings together some of the leading thinkers about the connections between community, home and identity. Several chapters address how the law and lawyers contribute (or detract) from the creation and maintenance of community and, in some cases, the conscious destruction of communities. Others examine the protection of individual and group identities through rules related to property title and use of such things as Home and 'identity property'.

Philosophical Foundations Of Fiduciary Law

Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 0191005290
Size: 77.50 MB
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.