Equity, Trusts and Commerce

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.

Autorentext

Paul S Davies is Associate Professor in Law at the University of Oxford, and Fellow of St Catherine's College, Oxford.
James Penner is Professor at the Faculty of Law, National University of Singapore.

Zusammenfassung
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

Inhalt

1. Equity, Shareholders and Company Law
   Tan Cheng-Han and Wee Meng-Seng
   
   2. Some Aspects of the Intersection of the Law of Agency with the Law of Trusts
      Peter Watts
   3. Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds
      Tang Hang Wu
   4. Certainty, Identification and Intention in Personal Property Law
      Michael Bridge
   5. Floating Trusts
      Robert Stevens
   6. 'Sort of' Backwards Tracing
      James Penner
   7. Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures
      Richard Nolan
   8. Trusts, Objectivity and Rectification
      Simon Douglas
   9. The Arbitrability of Trust Instruments: Why Not?
      Elaine Chew
   10. Bribery
       Paul S Davies
   11. Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach
       Deborah A DeMott
   12. Equitable Liability of Corporate Accessories
       Jamie Glister
   13. The Nature of 'Knowing Receipt'
       William Swadling
   14. Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules
       Sarah Worthington