Breach of Trust

(Hardback)

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Description

Contemporary 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. This text, written by a team of 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.

Reviews

the book has been prepared as a coherent and integrated whole, rather than simply a collection of essays on the topic. It is careful and thought-provoking, and a valuable contribution to the literature. -- James Chalmers * The Edinburgh Law Review, Vol 9 *
The title of this book and its chapters are beguilingly simple but the contents provide fascinatingly deep analyses of contemporary issues. This book is an essential collection of studies for anyone concerned with the law on breach of trust, its possible reform (or change) and the changing position of the breach of trust law and its relationship with the common law. -- JGG * Trusts and Trustees *
In content this book is a heavy-weight. It is aimed at academics, chancery judges and specialist practicioners. However, anyone seekng to formulate or to defend a claim relating to a fiduciary duty would do well to consider the points made in this book. -- C I Howells, Lincoln's Inn * New Law Journal *

Author Bio

Professor Peter Birks, QC, DCL, FBA, is the Regius Professor of Civil Law at the University of Oxford, and a Fellow of All Souls College. Arianna Pretto is an Assistant-Lecturer in the Faculty of Law at the University of Insubria.