Download or read book Proprietary Remedies for Breach of Fiduciary Duty written by Timothy Buckley (LLB Hons.) and published by . This book was released on 2001 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Principles of Equity Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.

Download or read book Personal and Proprietary Remedies for Breach of Confidence written by Graham Virgo and published by . This book was released on 2014 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the available remedies in its equitable context. It surveys the operation of the pecuniary remedies which are available, with particular reference to negotiating damages and breach of confidence. Principles are identified to determine when each remedy should be available, including two fundamental principles of but for causation and conscience. The paper also considers whether profits made from breach of confidence should be held on constructive trust. Whilst it is argued that it is now time to recognise a principled remedial constructive trust in English law, the role of such a trust as a remedy for breach of confidence is likely to be very limited.

Download or read book Principles of Proprietary Remedies written by Elise Bant and published by . This book was released on 2013 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection represents the timely culmination of a four-year Australian Research Council Discovery project led by the editors to identify and explore the principles that guide the award of proprietary relief.

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 Are Proprietary Remedies to Recover Bribes Possible written by Joseph Campbell and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Lister v Stubbs (1890) 45 Ch D 1 arose after a fiduciary had received bribes in breach of his fiduciary duty and invested those bribes in other property. The beneficiary of the fiduciary duty began an action in which it claimed final relief including a transfer of property representing the traceable proceeds of the bribes. The English Court of Appeal refused to grant an interlocutory injunction to preserve the property pending the final hearing. Part of the ratio of Lister is that it is in principle impossible for the beneficiary of a fiduciary duty to obtain a proprietary remedy to recover a bribe or property into which it can be traced, at least if action is not also brought against the person who paid the bribe. Early High Court decisions in Ardlethan Options Ltd v Easdown (1915) 20 CLR 285 and Keogh v Dalgety & Co Ltd (1916) 22 CLR 402 endorsed that ratio, in a way that would be binding on Australian courts if they were the High Court's last word on the topic. However the ratio decidendi of the later High Court decision in Furs Ltd v Tomkies (1936) 54 CLR 583 is inconsistent with the ratio of Lister, and hence implicitly overrules it. Thus in Australia it is in principle possible for the beneficiary of a fiduciary duty to obtain proprietary remedies to recover bribes that have been received in breach of that fiduciary duty, or the traceable proceeds of those bribes.

Download or read book Equitable Obligations written by Malcolm Cope and published by . This book was released on 2007-01-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Equitable Obligations: Duties, Defences and Remedies examines the duties, defences and remedies that are applicable to claims for breach of trust and breach of fiduciary duty. The text is unique in that it provides comprehensive analysis of the context in which a breach occurs and the consequences of a breach of these particular duties." "The work provides detailed discussion of Australian legal developments in relation to trust and fiduciary relationships. Comparative perspectives from New Zealand, Canada and the United Kingdom are also included throughout the text to provide an additional context within which to evaluate Australian developments." "This book offers fresh and essential insights for all those interested in trust and fiduciary relations, and the complexities of equitable relief in general."--BOOK JACKET.

Download or read book Fiduciary Obligations written by Paul Finn and published by . This book was released on 2016-12-06 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together three separate works written by Paul Finn over nearly 40 years. The first, Fiduciary Obligations, was published in 1977. It has been out of print for many years, though it is still widely cited both in judicial decisions in common law countries and in international scholarship on fiduciary law. It has been regarded widely as a 'seminal' or 'classic' piece. Its publication preceded two important developments. The first was the High Court of Australia's systematic reappraisal of equity jurisprudence in the 1980s. This contributed significantly to the shaping and future direction of modern fiduciary law in Australia. The second was the growth in civil litigation in common law countries against banks, advisers in many guises, commercial 'agents', franchisees, joint venturers and other commercial actors which raised issues as to the extent to which, if at all, functions they performed for customers, etc, could attract strict fiduciary standards of conduct or merely those lesser standards otherwise imposed by the common law or equity.These two developments inform the second work in the volume, "The Fiduciary Principle", which was published in Canada in 1989, but is relatively unknown in Australia. Though its scope was limited designedly to those standards of conduct the fiduciary principle imposed on private law fiduciaries, it indicated when, and to what extent, a person or body would be a 'fiduciary' for the purposes of those standards. It accepted that, while 'fiduciary' could not be defined, it could be described. That description, founded on a 'legitimate expectation' test, is commonly used both in Australia and elsewhere.The third piece, "Fiduciary Reflections" was published in 2014 and contains the author's personal reflections on the course of Australian fiduciary law since the publication of Fiduciary Obligations. It suggests that, despite the clear signposts for the future development of fiduciary law given by the High Court in the 1980s, recent decisions of subordinate Australian courts seem to be heading, unnecessarily, in the opposite direction. Now at risk are the coherence of fiduciary law and its rationale.* Click here for information on our title Finn's Law: An Australian Justice edited by Tim Bonyhady.From the Book Launch Fiduciary Obligations and Finn's Law, address by The Hon Keith Mason AC QC, 9 February 2017..."Fiduciary Obligations comes with a modern Introductory Comment by Paul himself, a Preface by Sir Anthony Mason, and the reproduction of two of Paul's many extra-judicial contributions on the topic. These are an article on The Fiduciary Principle that first appeared in 1989 and another, called Fiduciary Reflections, that was published in 2014. The latter tracks developments in Paul's thinking and scholarship on this topic over the past 40 years as well as its reception into law. ... Together, these two books will enable the discerning academic or practitioner to survey large swathes of law. The eminence of the various contributors allows us to be sure that we are shown where the law has come from, where it is going, and where the law in Australia is converging or diverging from that of overseas. Each book shows what vast strides have been made in the coherent understanding of legal and equitable principles, the magnetic interplay between statutory and judge-made law, and the convergence of public and private law discourse that has taken place in the 46 years since Paul Finn first slipped shyly into postgraduate studies at London University." Read Launch Speech...

Download or read book Certainty in Calculating Monetary Remedies for Breach of Fiduciary Duty written by Simone Degeling and published by . This book was released on 2020 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breach of equity's proscr ...

Download or read book Fiduciary Obligations and the Remedial Constructive Trust written by Beth Nosworthy and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One reason that plaintiffs desire to prove a breach of fiduciary obligation is that remedies following such a breach are more extensive than the remedies following a breach of contract or a tort. One of the most important of these remedies following a breach of fiduciary duty is the constructive trust. But the courts have been aware of this and so have been cautious about finding a breach of fiduciary duty. This paper will explain how the courts find a breach of a fiduciary duty and, particularly, their approach to imposing the constructive trust to remedy this breach.

Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Download or read book Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie written by Frankie McCarthy and published by Open Book Publishers. This book was released on 2015-05-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.

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 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 Commercial Remedies Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Download or read book Accessories in Private Law written by Joachim Dietrich and published by Cambridge University Press. This book was released on 2016-01-25 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.

Download or read book Gain Based Damages written by James Edelman and published by Bloomsbury Publishing. This book was released on 2002-04-19 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.