Download or read book Discussion Paper on Breach of Trust written by Scottish Law Commission and published by Stationery Office/Tso. This book was released on 2003-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion paper looks at trustees and their powers and duties and examines breaches of trust. It is part of an ongoing programme examining trust law as applicable in Scotland. The definition of "trust" and "trustee" is derived from the Trusts (Scotland) Acts 1921 and 1961, it covers the appointment of a "trustee" by a court to administer and manage property when there is no other available person to do so. Breaches of trust by the trustee cover: acting outside their authority; failing to carry out their duties by omission, or what they owe as fiduciaries to their beneficiaries. The paper also examines what constitutes personal liability in these areas. The "dual patrimony" theory is adopted for the purposes of the discussion of these issues. It emphasises the separation of the trust property and personal property held by the trustee. Trust law relates to voluntary trusts, both public and private. The Commission states that trust law is not in need of comprehensive or radical reform, with most trust law resting on common law. Despite this view the Commission, in an earlier report, recommended the repeal of the Trustee Investments Act 1961, and further examination of the need for the 1921 Act , which reflects the practice and customs of Victorian times.
Download or read book Breach of Trust written by Peter Birks and published by Bloomsbury Publishing. This book was released on 2002-07-05 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book Breach of Trust written by Gerald D. McKnight and published by University Press of Kansas. This book was released on 2005-10-04 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Warren Commission’s major conclusion was that Lee Harvey Oswald was the “lone assassin” of President John F. Kennedy. Gerald McKnight rebuts that view in a meticulous and devastating dissection of the Commission’s work. The President’s Commission on the Assassination of President Kennedy was officially established by Executive Order to investigate and determine the facts surrounding JFK’s murder. The Warren Commission, as it became known, produced 26 volumes of hearings and exhibits, more than 17,000 pages of testimony, and a 912-page report. Surely a definitive effort. Not at all, McKnight argues. The Warren Report itself, he contends, was little more than the capstone to a deceptive and shoddily improvised exercise in public relations designed to “prove” that Oswald had acted alone. McKnight argues that the Commission’s own documents and collected testimony—as well as thousands of other items it never saw, refused to see, or actively suppressed—reveal two conspiracies: the still very murky one surrounding the assassination itself and the official one that covered it up. The cover-up actually began, he reveals, within days of Kennedy’s death, when President Johnson, FBI Director J. Edgar Hoover, and acting Attorney General Nicholas Katzenbach all agreed that any official investigation must reach only one conclusion: Oswald was the assassin. While McKnight does not uncover any “smoking gun” that identifies the real conspirators, he nevertheless provides the strongest case yet that the Commission was wrong—and knew it. Oswald might have knowingly or unwittingly been involved, but the Commission’s own evidence proves he could not have acted alone. Based on more than a quarter-million pages of government documents and, for the first time ever, the 50,000 file cards in the Dallas FBI’s “Special Index,” McKnight’s book must now be the starting point for future debate on the assassination. Among the revelations in Breach of Trust: Both CIA and FBI photo analysis of the Zapruder film concluded that the first shot could not have been fired from the sixth floor. The Commission’s evidence was never able to place Oswald at the “sniper’s nest” on the sixth floor at the time of the shooting. JFK’s official death certificate, signed by his own White House physician and contradicting the Commission’s account of Kennedy’s wounds, was left out of the official record. The dissenting views of the naval doctors who performed the autopsy and those of the government’s best ballistic experts were kept out of the official report. The Commission’s tortuous “Single Bullet” or “Magic Bullet” theory is finally and convincingly dismantled. Oswald was probably a low-level asset of the FBI or CIA or both. Commission members Gerald Ford (for the FBI) and Allen Dulles (for the CIA) acted as informers regarding the Commission’s proceedings. The strong dissenting views of Commission member Senator Richard Russell (D-Georgia) were suppressed for years.
Download or read book Corporate Takeovers written by Alan J. Auerbach and published by University of Chicago Press. This book was released on 2013-12-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The takeover boom that began in the mid-1980s has exhibited many phenomena not previously observed, such as hostile takeovers and takeover defenses, a widespread use of cash as a means of payment for targeted firms, and the acquisitions of companies ranking among the largest in the country. With the aim of more fully understanding the implications of such occurances, contributors to this volume consider a broad range of issues as they analyze mergers and acquisitions and study the takeoveer process itself.
Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trusts and Modern Wealth Management written by Richard C. Nolan and published by Cambridge University Press. This book was released on 2018-05-31 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Download or read book Discussion Paper on Rape and Other Sexual Offences written by Scottish Law Commission and published by . This book was released on 2006 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion paper sets out the Commission's proposals for reform of the law relating to rape and other sexual offences, for consultation purposes (responses by 1 May 2006). Topics discussed include: the protection of sexual autonomy and the issue of consent; sexual assaults; offences based on a protective principle, including offences involving children under 16 years, persons with mental disorders, and abuse of trust; offences based on public morality; the law of evidence concerning proof of sexual offences; and compatibility with the European Convention on Human Rights.
Download or read book Law Commission Fiduciary Duties of Investment Intermediaries A Consultation Paper Consultation Paper No 215 written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2013-10-28 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The consultation paper Fiduciary Duties of Investments Intermediaries: A Consultation Paper follows on from the Kay Report on UK Equity Markets and Long Term Decision Making (see below), and uses pensions as the example, tracing a chain of intermediaries from the prospective pensioner/saver to the registered shareholder of a UK company. There are well established duties on pension trustees to act in the best interests of scheme members, and it looks at how far these duties require trustees to maximize financial return over a short time scale, and how far trustees can consider other factors such as environmental and social impact. The consultation asks: Whether the law is right to allow trustees to consider ethical issues only in limited circumstances? Whether the legal obligations on trustees are conducive to investment strategies in the best interests of the ultimate beneficiaries? and if not, what specifically ne
Download or read book The Chicago Plan Revisited written by Mr.Jaromir Benes and published by International Monetary Fund. This book was released on 2012-08-01 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the height of the Great Depression a number of leading U.S. economists advanced a proposal for monetary reform that became known as the Chicago Plan. It envisaged the separation of the monetary and credit functions of the banking system, by requiring 100% reserve backing for deposits. Irving Fisher (1936) claimed the following advantages for this plan: (1) Much better control of a major source of business cycle fluctuations, sudden increases and contractions of bank credit and of the supply of bank-created money. (2) Complete elimination of bank runs. (3) Dramatic reduction of the (net) public debt. (4) Dramatic reduction of private debt, as money creation no longer requires simultaneous debt creation. We study these claims by embedding a comprehensive and carefully calibrated model of the banking system in a DSGE model of the U.S. economy. We find support for all four of Fisher's claims. Furthermore, output gains approach 10 percent, and steady state inflation can drop to zero without posing problems for the conduct of monetary policy.
Download or read book Breach of Trust written by Andrew J. Bacevich and published by Macmillan. This book was released on 2013-09-10 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A blistering critique of the gulf between America's soldiers and the society that sends them off to war. As war has become normalized, armed conflict has become an "abstraction" and military service "something for other people to do." Bacevich takes stock of a nation with an abiding appetite for war waged at enormous expense by a standing army demonstrably unable to achieve victory.
Download or read book The Law of Trusts written by James Penner and published by Oxford University Press, USA. This book was released on 2012-07-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
Download or read book Building Trust in Diverse Teams written by Emergency Capacity Building Project and published by Oxfam. This book was released on 2007 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building Trust in Diverse Teams supports humanitarian practitioners, human-resource departments and regional and head-office emergency professionals as they improve team effectiveness during an emergency and ultimately improve their ability to save lives.
Download or read book The Oxford Handbook of Social and Political Trust written by Eric M. Uslaner and published by Oxford University Press. This book was released on 2018-01-02 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the foundations of trust, and whether social and political trust have common roots. Contributions by noted scholars examine how we measure trust, the cultural and social psychological roots of trust, the foundations of political trust, and how trust concerns the law, the economy, elections, international relations, corruption, and cooperation, among myriad societal factors. The rich assortment of essays on these themes addresses questions such as: How does national identity shape trust, and how does trust form in developing countries and in new democracies? Are minority groups less trusting than the dominant group in a society? Do immigrants adapt to the trust levels of their host countries? Does group interaction build trust? Does the welfare state promote trust and, in turn, does trust lead to greater well-being and to better health outcomes? The Oxford Handbook of Social and Political Trust considers these and other questions of critical importance for current scholarly investigations of trust.
Download or read book Questions of Liability written by Donal Nolan and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.
Download or read book Discussion Paper written by and published by . This book was released on 1993 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
