Description
Book SynopsisThe theme of the essays in this volume recognizes the continuing practical importance of equity in the law today. It focuses on the commercial context, in particular the fiduciary obligations of those in whom trust or confidence is reposed and in the consequences of any breach of those obligations.
Trade Review'immense value ... there are 11 first rate papers on equity operating ... in a commercial context ... not a book to be dipped into, but one to be devoured whole' Paul Matthews, Lloyd's Maritime and Commercial Law Quarterly
Table of ContentsPart 1 Statutory regulation of financial services and general fiduciary obligations: fiduciary law and the modern commercial world, Paul Finn. The statutory regulation of financial services in the United Kingdom and the development of Chinese Walls in managing conflicts of interest, Peter Graham; The relationship between regulations governing the financial services industry and fiduciary duties under the general law, Jack Beatson. Part 2 Directors' duties to shareholders, creditors, and employees: directors, creditors and shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, Paul L.Davies; Directors' duties to shareholders, employees and other creditors - a view from the continent, Klaus J.Hopt. Part 3 Trusts in the recovery of misapplied assets: the recovery of a director's improper gains - proprietary remedies for infringement of non-proprietary rights, Roy Goode; Trusts in the recovery of misapplied assets - tracing, trusts, and restitution, Peter Birks; The treatment of trust assets in English insolvency law, Hamish Anderson. Part 4 Asset protection for multinational companies and their shareholders: asset protection for multination corporations, Harry Wiggin; The adaptation of the asset protection trust for use by the multinational corporation - the American perspective, Jeffrey Schoenblum.
