Equity, Trusts and Commerce

✍ Scribed by Paul S Davies; James Penner (editors)

• Publisher: Hart Publishing
• Year: 2017
• Tongue: English
• Leaves: 381
• Series: Hart Studies in Private Law
• Category: Library

✦ Synopsis

This 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.
Volume 24 in the series Hart Studies in Private Law

✦ Table of Contents

Preface
Contents
List of Contributors
1
Equity, Shareholders and Company Law
I. Introduction
II. Statutory Remedies: Just and Equitable Winding Up and Unfair Prejudice
III. Altering the Corporate Constitution
IV. Constraining Shareholder Action beyond Alterations of the Corporate Constitution
V. Conclusion
2
Some Aspects of the Intersection of the Law of Agency with the Law of Trusts
I. Introduction
II. Three Models of Decision-Making Amongst Groups
III. Trustees: Their Contracts and Dispositions
IV. Modern Case Law, Much of it Problematic
V. Importation of Trusts into Agency Relationships: Two Issues
3
Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds
I. Introduction
II. Unconscionability as a Ground for Relief: Rationale, Doctrinal Underpinnings and Standard of Proof
III. Negative Academic Reactions to Unconscionability and the Singapore Court of Appeal"s Response
IV. Contracting Out of Unconscionability: Choosing Foreign Law and Excluding Unconscionability
V. Analysis of the Survey of the Cases
VI. Survey of Construction Law Practitioners Based in Singapore
VII. Conclusion
Appendix A
Appendix B
4
Certainty, Identification and Intention in Personal Property Law
I. Introduction
II. Future Property
III. Portions and Quantities: Legal Interests
IV. Portions and Quantities: Trust Interests
V. Portions and Quantities: Charges
VI. Estoppel and Property
VII. Summary
5
Floating Trusts
I. The Problem
II. How Do Intermediated Securities Work?
III. What Was RASCALS Intended to Do?
IV. Was there Certainty of Subject Matter?
V. What Needs to be Intended?
VI. Conclusion
6
"Sort of" Backwards Tracing
I. Introduction
II. Authority on Backwards Tracing Prior to Brazil
III. "Composite Transactions" and Bona Fide Purchase
IV. Backwards Tracing and Subrogation
V. Conclusion
7
Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures
I. Introduction
II. History
III. The Enforcement of Trusts: Basic Principles of Enduring Significance
IV. Claims for Breach of Trust: Claims by Fixed Beneficiaries and by Objects of Dispositive Fiduciary Powers
V. Claims for Breach of Trust: Claims by Objects of Personal, Non-Fiduciary Powers
VI. Claims for Breach of Trust: Claims by Protectors
VII. Practical Implications
VIII. Theoretical Implications
IX. Conclusion
8
Trusts, Objectivity and Rectification
I. Introduction
II. Objectivity in Trusts
II. Rectification
III. Conclusion
9
The Arbitrability of Trust Instruments: Why Not?
I. Introduction
II. Advantages of Arbitrating Trust Disputes
III. Arbitrability
IV. Enforceability
V. Arbitration in a Jurisdiction with Existing Legislation
VI. Conclusion
Annex
10
Bribery
I. Introduction
II. The Nature of Bribery
III. Remedies Against the Recipient of the Bribe
IV. Remedies Available Against the Briber
V. Combining Remedies
VI. Conclusion
11
Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach
I. Introduction
II. United States: Basic Doctrine
III. The United Kingdom
IV. Investment Bankers as Accessories
V. Conclusion
12
Equitable Liability of Corporate Accessories
I. Introduction
II. Two Models of Corporate Liability
III. Differences between the Two Models
IV. Conclusion
13
The Nature of "Knowing Receipt"
I. Introduction
II. Two Possible Distractions
III. The Specific Claim
IV. The Personal Claim
V. Understanding the Liability
VI. Conclusion
14
Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules
I. Introduction
II. The Supreme Court Analysis in Williams
III. Distinguishing between Types of Constructive Trustee
IV. Language and Logic
V. Applying this Language to Limitation
VI. Dishonest Assistants Are Fiduciaries
VII. Knowing Recipients Are Both Trustees (on Receipt) and Fiduciaries (on Acquiring Knowledge)
VIII. Innocent Donees Are Trustees But Not Fiduciaries
IX. Limitation and Fiduciary Disgorgement
X. Parallels between the Equitable and Common Law Limitation Rules for Property
XI. Exposing Third-Party Liability in Equity
XII. Conclusion
Index