Defences in equity /
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...
Other Authors: | , , |
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Format: | Book |
Language: | English |
Published: |
Oxford ; Portland, Oregon :
Hart Publishing,
2018
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Series: | Hart Studies in Private Law: Essays on Defences
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Subjects: |
Table of Contents:
- Introduction
- Paul S Davies, Simon Douglas and James Goudkamp
- Equitable defences as meta-law
- Henry E Smith
- Set-off and the nature of equity
- Robert Stevens
- Purchase for value without notice
- David Fox
- "Beneficiaries" "consent to trustees" "unauthorised acts"
- Ying Khai Liew and Charles Mitchell
- Breach of fiduciary duty : consent and prior court authorisation
- Simone Degeling
- Exemption clauses in trusts
- Philip Sales
- Professional advice
- Michael Ashdown
- Want of causation as a defence to liability for misapplication of trust assets
- PG Turner
- Laying the axe to the root of the tree : shielding a co-trustee from liability
- Joshua Getzler
- Marshalling marshalling
- Christopher Hare
- Illegality in equity
- Paul S Davies
- The future of clean hands
- Nicholas J McBride
- "Not slavishly nor always" : equity and limitation statutes
- Mark Leeming
- The importance of being earnest: the doctrines of laches and acquiescence
- Lusina Ho
- Introduction / Paul S Davies, Simon Douglas and James Goudkamp
- Equitable defences as meta-law / Henry E Smith
- Set-off and the nature of equity / Robert Stevens
- Purchase for value without notice / David Fox
- "Beneficiaries" "consent to trustees" "unauthorised acts" / Ying Khai Liew and Charles Mitchell
- Breach of fiduciary duty : consent and prior court authorisation / Simone Degeling
- Exemption clauses in trusts / Philip Sales
- Professional advice / Michael Ashdown
- Want of causation as a defence to liability for misapplication of trust assets / PG Turner
- Laying the axe to the root of the tree : shielding a co-trustee from liability / Joshua Getzler
- Marshalling marshalling / Christopher Hare
- Illegality in equity / Paul S Davies
- The future of clean hands / Nicholas J McBride
- "Not slavishly nor always" : equity and limitation statutes / Mark Leeming
- The importance of being earnest: the doctrines of laches and acquiescence / Lusina Ho