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Thesis

The rule in Re Hastings-Bass

Abstract:

The rule in Re Hastings-Bass is an equitable control on the exercise of powers by trustees. It has developed without satisfactory explanation of its doctrinal basis, resulting in uncertainty as to its scope and application. In Pitt v Holt [2011] EWCA Civ 197 the Court of Appeal began to remedy these defects by deciding that the rule is founded on a trustee’s duty properly to consider the exercise of a power.

This thesis argues, first, that Pitt is right to understand the Re Hastings...

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Merton College
Role:
Author

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Division:
SSD
Department:
Law
Role:
Supervisor
Publication date:
2013
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
Oxford University, UK
Language:
English
Keywords:
Subjects:
UUID:
uuid:b63ddd3f-1762-41b2-8c6b-e3c4c1c2b711
Local pid:
ora:6809
Deposit date:
2013-04-22

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