Defences in Equity

Author: Paul S. Davies, Simon Douglas; James Goudkamp
Publisher: Hart Publishing
ISBN: 9781849467247

Published In: May 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509941117

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Contents

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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 and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

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