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The Duty to Account: Development and Principles

The Duty to Account: Development and Principles

Author: J. A. Watson
Publisher: The Federation Press
ISBN: 9781760020668
Published In: September 2016
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,197.00

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Contents

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This book investigates the history of the modern doctrine of account, and by that history, seeks to identify some of the principles and premises which help explain the application of, and which underlie, the action today.

The common law account, and its successor in equity, is over 800 years old. There does not appear to have been any work devoted to an examination of that history published in that time.

The focus on the book is on the question 'who is an accountable party'? The area of law focused on is common law and equitable remedies, namely, the account (including the subsidiary principle, the 'account of profits').

1. INTRODUCTION

Outline

Literature

The position today

Accounting outside the scope of the book

Vulgar Latin

2. EARLY CIRCUMSTANCES

Tenure

The Exchequer

The first accounting parties

A discursion: tallies

The Exchequer process of accounting

Early records of Exchequer

3. RECOGNITION AT LAW

Early reports of account cases

The Barons' Wars

The Statute of Marlborough 1267

County Extradition

Statute of Westminster II

The form of the writ of account

4. CONTEXT AND COMPETING INFLUENCES

Wager of law

Reforms under Henry II

Disseisin

Recognition

Trespass and Damages

Slade's Case

Coinciding writs

Possession

5. AN OVERVIEW: TAKING ACCOUNTS

Two stages of account

Quod computet

Accounts according to equity and justice

The process

The origins of profits

Proceeds that ought to be obtained (wilful default of duty)

Quod recuperet

6. ACCOUNTING PARTIES AT LAW

Accounting parties from Westminster II

Bailiffs

Receiver 'ad computandum'

Bailiff or receiver 'ad merchantizandum'

The constructive receiver

Partners

Joint tenants or tenants in common

Executors

Employees

Bailees

Factors

Agents

Recovery of capital (failure of consideration)

Misrepresentation, deceit and fraud

Mistake

Usurpation of an office

Receipt to Benefit Third Parties

A to B to the use of C

Common law trade marks (Passing off)

The rights of the Crown

The position reached

7. ACCOUNTING PARTIES IN EQUITY

The development of the jurisdiction

The breadth of account in equity

True bills of account

Judicature accounts

The Early Trust: Common law use of estates in land

The development of the trust

Constructive trustees

Fiduciaries and Powers

Confidential information

Theft

8. PRINCIPLES OF ACCOUNT

Recapitulation

Ad opus

Principles of the Duty to Account

The remainder of the essay

9. MONEY HAD AND RECEIVED

Before Moses

Moses v Macferlan

10. ACCOUNT AND WRONGS

Purported limitations to the account: 'privity'

Fitzherbert, Brooke, Tottenham and Coke

Privity in fact or law

Waiver of tort

Account for torts or breach of contract

Attorney-General v Blake;

The wrong question

11. CONCLUDING REMARKS

12. BIBLIOGRAPHY

Texts

Articles

Cases Cited

Statutes

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