Description

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Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust, which has lagged behind the flourishing scholarship on the creation of trusts. Since breach of trust or fiduciary duty occupies the center of the legal stage, it comes as a surprise that, although one or two novelists have chosen Breach of Trust as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject. The nature of the trustee's duties and of the liability for breach is closely examined, and all available defenses and excuses are reviewed. Two substantial chapters consider the consequences of assisting a breach or receiving trust property from a trustee acting in breach. The book closes with a critical overview of the entire topic.

About the Author

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Professor Peter Birks,QC, FBA, is Regius Professor of Civil Law in the University of Oxford and Fellow of All Souls College Oxford.
Arianna Pretto-Sakmann is a Fellow and Tutor in Law of Brasenose College Oxford.