Defences in Equity
Published on 1. October 2020
Book
Paperback/Softback
392 pages
978-1-5099-4111-7 (ISBN)
Description
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.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 244 mm
Width: 168 mm
Thickness: 26 mm
Weight
680 gr
ISBN-13
978-1-5099-4111-7 (9781509941117)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Paul S. Davies | Simon Douglas | James Goudkamp
Defences in Equity
E-Book
05/2018
1st Edition
Hart Publishing
€66.49
Available for download
Paul S. Davies | Simon Douglas | James Goudkamp
Defences in Equity
E-Book
05/2018
1st Edition
Hart Publishing
€66.49
Available for download
Persons
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.
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.
Content
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
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