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Pensions, Contracts and Trusts: Legal Issues on Decision Making (Hardcover)
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Pensions, Contracts and Trusts: Legal Issues on Decision Making (Hardcover)
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This is a topical area for the courts, which have moved to imply
various limitations or tests on decision makers powers and when
they can be challenged. This is made more difficult for lay users
and lawyers alike in that implied restrictions are (by definition)
not apparent from the words of the relevant contract itself. These
limits are applied by the courts not just to fiduciaries (such as
trustees or directors), but also to non-fiduciaries (eg banks and
employers). Recent case law includes: * Pitt v Holt (SC) - trustee
decisions (2013) * Braganza (SC) - contractual discretions (2015) *
Eclairs (SC) - directors powers: proper purposes (2015) * IBM UK
Holdings v Dalgleish (CA) - employer powers under pension plans
(2017) * British Airways (CA)- pension plan - proper purposes
(2018) The book reviews the relevant doctrines of: * Interpretation
rules * Proper purposes; * Due consideration of relevant factors *
Full perversity (no reasonable decision maker)
General
Imprint: |
Bloomsbury Professional
|
Country of origin: |
United Kingdom |
Release date: |
May 2020 |
Authors: |
David Pollard
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Dimensions: |
248 x 156mm (L x W) |
Format: |
Hardcover
|
Pages: |
640 |
ISBN-13: |
978-1-5265-1183-6 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
Financial, taxation, commercial, industrial law >
Commercial law
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Financial, taxation, commercial, industrial law >
Employment & labour law
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Private, property, family law >
Contract law
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Taxation law
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General
Books >
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Laws of other jurisdictions & general law >
Financial, taxation, commercial, industrial law >
Financial law >
General
Promotions
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LSN: |
1-5265-1183-5 |
Barcode: |
9781526511836 |
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