Defences in Equity

Erscheinungsjahr 2018
ISBN: 978-1-84946-724-7
Verlag: Bloomsbury 3PL

Buch, Englisch, 392 Seiten, Hardback, Format (B × H): 175 mm x 250 mm, Gewicht: 854 g

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 on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors - judges, practitioners and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Autoren/Hrsg.

Davies, Paul S

Douglas, Simon

Goudkamp, James

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction
PAUL S DAVIES, SIMON DOUGLAS AND JAMES GOUDKAMP
2. Equitable Defences as Meta-Law
HENRY E SMITH
3. Set-Off and the Nature of Equity
ROBERT STEVENS
4. Purchase for Value Without Notice
DAVID FOX
5. Beneficiaries' Consent to Trustees' Unauthorised Acts
YING KHAI LIEW AND CHARLES MITCHELL
6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation
SIMONE DEGELING
7. Exemption Clauses in Trusts
PHILIP SALES
8. Professional Advice
MICHAEL ASHDOWN
9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets
PG TURNER
10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability
JOSHUA GETZLER
11. Marshalling Marshalling
CHRISTOPHER HARE
12. Illegality in Equity
PAUL S DAVIES
13. The Future of Clean Hands
NICHOLAS J MCBRIDE
14. 'Not Slavishly Nor Always'-Equity and Limitation Statutes
MARK LEEMING
15. The Importance of Being Earnest: The Doctrines of Laches and Acquiescence
LUSINA HO

Über Autor(innen)

Davies, Paul S
Paul S Davies is Professor of Commercial Law at UCL and a Barrister at Essex Court Chambers. He was previously a Fellow of Gonville and Caius College, Cambridge and St Catherine's College, Oxford. Paul has also worked at the Law Commission. He is the author of Accessory Liability (Hart Publishing, 2015; revised paperback edition, 2017), which won the main Inner Temple Book Prize in 2018, JC Smith's The Law of Contract (3rd ed, OUP, 2021), and a co-author of Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019 (with Graham Virgo)). Paul is also an editor of both Chitty on Contracts and Snell's Equity. In 2020 Paul was awarded a Philip Leverhulme Prize in Law.

Photo courtesy of Faculty of Law, University of Oxford.

Douglas, Simon
Simon Douglas is a Fellow and Tutor in Law at Jesus College, Oxford University.

Photo courtesy of Faculty of Law, University of Oxford.

Goudkamp, James
James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford. He is also a practising barrister at 7 King's Bench Walk Chambers, London, UK.

Paul S Davies is Professor of Commercial Law at University College London.
Simon Douglas is an Associate Professor of Law at the University of Oxford and a Fellow of Jesus College, Oxford.
James Goudkamp is Professor of the Law of Obligations at the University of Oxford, a Fellow of Keble College, Oxford, and a barrister at 7 King's Bench Walk.