This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...

Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing...

What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct juridical concepts. However, I will also explain what I understand to be the best understanding of the relationship between these two different concepts. They are distinct but...

In the law of unjust enrichment, the question when a plaintiff should have access to proprietary remedies is one of the most controversial issues. This paper attempts to expose the philosophical and historical foundations of the most important category of proprietary remedies; namely, trusts...

The fiduciary's duty of loyalty has been subjected to a great deal of analysis. That analysis usually focuses on the distinctive proscriptive rules, which forbid the fiduciary from being in a conflict of interest and related situations. This paper argues that in order to understand what is truly...

In this paper, I ask what are the philosophical foundations of Equity as it was defined by Frederic Maitland: the body of rules and principles that were developed over the centuries by the Court of Chancery. My answer is that there is no single purpose, approach, philosophy or norm that...

Despite the common belief that they are found only in the common law tradition, trusts have long been known in certain mixed jurisdictions that have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other...

Sometimes trustees regret a decision they have made regarding trust assets, often because it has unforeseen taxation implications. This paper explores the legal techniques that may be available for undoing such a decision. This includes a discussion of the nature and limits of rectification,...

There is continuing debate, in case law and in academic literature, as to the nature of "common law tracing". Some recent cases suggest that a plaintiff can assert a kind of legal property interest in the proceeds of an unauthorized disposition of the plaintiff's property. But the nature of this...

In this paper the author explores a number of misapprehensions concerning common law trusts, under three headings. The first is “misusing trusts,” in which he describes situations in which a failure to appreciate the juridical nature of the trust relationship can lead to the breakdown of...