Full 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.
Contents
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
