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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
The Oxford Handbook of Fiduciary Law provides a comprehensive
overview of critical topics in fiduciary law and theory through
chapters authored by leading scholars. The Handbook opens with
surveys of the many fields of law in which fiduciary duties arise,
including agency law, trust law, corporate law, pension law,
bankruptcy law, family law, employment law, legal representation,
health care, and international law. Drawing on these surveys, the
Handbook offers a synthetic analysis of fiduciary law's key
concepts and principles. Chapters in the Handbook explore the
defining features of fiduciary relationships, clarify the
distinctive fiduciary duties that arise in these relationships, and
identify the remedies available for breach of fiduciary duties. The
volume also provides numerous comparative perspectives on fiduciary
law from eminent legal historians and from scholars with deep
expertise in a diverse array of the world's legal systems. Finally,
the Handbook lays the groundwork for future research on fiduciary
law and theory by highlighting cross-cutting themes, identifying
persistent theoretical and practical challenges, and exploring how
the field could be enriched through empirical analysis and
interdisciplinary insights from economics, philosophy, and
psychology. Unparalleled in its breadth and depth of coverage, The
Oxford Handbook of Fiduciary Law represents an invaluable resource
for practitioners, policymakers, scholars, and students in this
essential field of law.
Trust law has grown and developed over recent years through the
continued ingenuity of practitioners and the provision of
innovative new trust laws by offshore jurisdictions. The wealth
managed through the medium of trust law has also changed in recent
years, as increasingly it has come from the newly rich of Asia.
This brings distinctive issues to the fore: the role of settlors,
family members and trusted advisors in trust administration; the
position of trustees in relation to instructions coming from such
persons; and an increased desire for confidentiality in trust
administration and the settlement of trust disputes. This
collection focuses on trusts which are deliberately created to
manage wealth and the concomitant issues such trusts raise in other
areas of law. Essays from leading members of the judiciary,
practitioners and academics explore these developments and their
implications for the users of trust law and for society in general.
This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
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