Description
Book SynopsisThis collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.
Trade ReviewEquity, Trusts and Commerce offers something for everyone, students, practitioners, and academics. While students may read the essays to deepen the understanding of the interaction of equity and commercial law, practitioners will certainly appreciate the theoretical discussions of case law and the several practical implications ... This work definitely enriches Hart’s series in Private Law, and is a must have in every common law lawyer’s (but not only) shelf. -- Piergiuseppe Pusceddu * Trusts & Trustees *
Table of Contents1. Equity, Shareholders and Company Law
Tan Cheng-Han and Wee Meng-Seng 2. Some Aspects of the Intersection of the Law of Agency with the Law of Trusts
Peter Watts 3. Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds
Tang Hang Wu 4. Certainty, Identification and Intention in Personal Property Law
Michael Bridge 5. Floating Trusts
Robert Stevens 6. ‘Sort of’ Backwards Tracing
James Penner 7. Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures
Richard Nolan 8. Trusts, Objectivity and Rectification
Simon Douglas 9. The Arbitrability of Trust Instruments: Why Not?
Elaine Chew 10. Bribery
Paul S Davies 11. Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach
Deborah A DeMott 12. Equitable Liability of Corporate Accessories
Jamie Glister 13. The Nature of ‘Knowing Receipt’
William Swadling 14. Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules
Sarah Worthington
