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Informationen zum Autor Paul S Davies is Professor of Commercial Law at UCL and a Barrister at Essex Court Chambers. He was previously a Fellow of Gonville and Caius College, Cambridge and St Catherine's College, Oxford. Paul has also worked at the Law Commission. He is the author of Accessory Liability (Hart Publishing, 2015; revised paperback edition, 2017), which won the main Inner Temple Book Prize in 2018, JC Smith’s The Law of Contract (3rd ed, OUP, 2021), and a co-author of Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019 (with Graham Virgo)). Paul is also an editor of both Chitty on Contracts and Snell's Equity. In 2020 Paul was awarded a Philip Leverhulme Prize in Law. Photo courtesy of Faculty of Law, University of Oxford. Simon Douglas is a Fellow and Tutor in Law at Jesus College, Oxford University. Photo courtesy of Faculty of Law, University of Oxford. James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford. He is also a practising barrister at 7 King's Bench Walk Chambers, London, UK.The fourth edition in Hart's acclaimed series of books on defences in private law, exploring the conceptual and doctrinal aspects of defences in equity. Zusammenfassung This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences! while others are concerned with the links between defences! or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex! important but neglected field of scholarly investigation. The contributors - judges! practitioners and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions. Inhaltsverzeichnis 1. Introduction PAUL S DAVIES, SIMON DOUGLAS AND JAMES GOUDKAMP2. Equitable Defences as Meta-Law HENRY E SMITH3. Set-Off and the Nature of Equity ROBERT STEVENS 4. Purchase for Value Without NoticeDAVID FOX5. Beneficiaries’ Consent to Trustees’ Unauthorised Acts YING KHAI LIEW AND CHARLES MITCHELL6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation SIMONE DEGELING7. Exemption Clauses in Trusts PHILIP SALES8. Professional AdviceMICHAEL ASHDOWN9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets PG TURNER10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability JOSHUA GETZLER11. Marshalling Marshalling CHRISTOPHER HARE12. Illegality in Equity PAUL S DAVIES13. The Future of Clean Hands NICHOLAS J MCBRIDE14. ‘Not Slavishly Nor Always’—Equity and Limitation Statutes MARK LEEMING15. The Importance of Being Earnest: The Doctrines of Laches and AcquiescenceLUSINA HO...
