Journal article
Taking trusts seriously
- Abstract:
- Suggests how a dualism now exists between the traditional rule that beneficiaries of trusts can enforce the specific duty of trustees to hold on trust, and are able to falsify trustees' unauthorised disbursements, and the contemporary view that breach of trust now involves compensatory damages for loss. Considers the common law lessons equity can learn when developing such a remedial dualism, and explains the legal benefits of such an approach.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
Actions
Access Document
- Files:
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(Preview, Accepted manuscript, pdf, 329.8KB, Terms of use)
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- Publication website:
- https://uk.westlaw.com/Document/IB5E07CE0807111EBBA0AB97FC8563878/View/FullText.html
Authors
Bibliographic Details
- Publisher:
- Sweet and Maxwell
- Journal:
- Law Quarterly Review More from this journal
- Volume:
- 137
- Issue:
- April
- Pages:
- 305-329
- Publication date:
- 2021-03-19
- ISSN:
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0023-933X
Item Description
- Language:
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English
- Keywords:
- Pubs id:
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1314304
- Local pid:
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pubs:1314304
- Deposit date:
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2022-12-10
Terms of use
- Copyright holder:
- Sweet and Maxwell
- Copyright date:
- 2021
- Rights statement:
- © Sweet and Maxwell 2021.
- Notes:
- This is a pre-copyedited, author-produced version of an article accepted for publication in the Law Quarterly Review following peer review. The definitive published version LQR 2021, 137(Apr), 305-329 is available online on Westlaw UK.
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