Category Archives: Equity and Trusts

‘First Circuit dismisses Mount Ida student class action, incidentally limits emerging data protection theory’

“… I want only to highlight one important point: the court refused to recognize, in Massachusetts law, a fiduciary duty owed by university to student. The decision comports with multistate norms, but is nonetheless important in limiting an emerging doctrine of data protection in US common law tort. State courts that have recognized something like […]

Samuel Singer, ‘Charity Law Reform in Canada: Moving from Patchwork to Substantive Reform’

ABSTRACT This article explores the history of charity law reform in Canada, focusing on calls for a legislative definition of charitable purposes and changes to the political activity rules. It traces the trajectory of three periods of charity law reform advocacy in Canada since 1978, during which advocates have called not only for reform to […]

‘A Cold Head Is Not Just for Beer Anymore’

Thomas E Simmons, A Trust for Ted’s Head, 88 Mississippi Law Journal 20 (2019). Over the past twenty years, a new type of bodily disposition for the deceased has come into vogue. It called cryonics: where the decedent’s body (hereinafter called the ‘frozen person’) is preserved at low temperature for an indefinite period until medical […]

Larissa Katz, ‘Conscience With a Filter’

ABSTRACT In this paper, I examine the role that conscience plays in an account of Equity as a distinctive area of doctrine, principles and rules. Historically, appeals to conscience in equitable reasoning were common place. Contemporary equity scholars, like Irit Samet, maintain that conscience remains at normative and conceptual core of Equitable reasoning. In her […]

Robert Herian, ‘The Conscience of Thomas More: An Introduction to Equity in Modernity’

INTRODUCTION … For both More’s predecessor Cardinal Wolsey and More himself ‘conscience remained front‐and‐centre as far as Chancery was concerned’. The cusp of the Reformation saw the medieval order ‘yielding to an intellectual and economic revolution’, and Christendom ‘rent by the divisions between Protestant and Catholic’. Thomas More’s conscience smashed, with devastating effect, against the […]

D’Acunto and Rossi, ‘Robo-advising’

ABSTRACT In this chapter, we first discuss the limitations of traditional financial advice, which led to the emergence of robo-advising. We then describe the main features of robo-advising and propose a taxonomy of robo-advisors based on four defining dimensions: personalization, discretion, involvement, and human interaction. Building on these premises, we delve into the theoretical and […]

Gino dal Pont, ‘“Fault Lines” in Certainty of Object for Private Trusts: “None the Worse For It”?’

ABSTRACT It is well established that the validity of trusts is grounded in, amongst other things, certainty of object. Courts have developed rules, which function in a binary fashion as ‘fault lines’, directed to distinguishing objects that are certain from those that are not. At the same time, instances arise that test the boundaries of […]

Ying Khai Liew, ‘Constructive Trusts in Sri Lanka: A Model for an Expansive Approach’

ABSTRACT The formal source of trusts law in Sri Lanka is the 1917 Trusts Ordinance. This was based on English law, being introduced during British rule of (what was formerly) Ceylon. In the century since its introduction, the law has certainly not stood still, and the cases and understanding of trusts laws both in England […]

Simone Degeling, ‘Certainty in Calculating Monetary Remedies for Breach of Fiduciary Duty’

ABSTRACT Breach of equity’s proscriptive fiduciary duties against unauthorized profit or conflict between self-interest and duty or conflict(s) between duties owed to multiple principals may result in a profit in the hands of the defendant wrongdoer. In Warman International Ltd v Dwyer, a unanimous High Court of Australia confirmed the ‘stringent rule that the fiduciary […]

Raú Madden, ‘Book Review: Equity: Conscience Goes to Market

IRIT SAMET, Equity: Conscience Goes to Market. Oxford: Oxford University Press, 2018, pp. 217, ISBN 978-0198766773, £70.00 (hbk). Those familiar with the prominent and prolonged ‘fusion’ and ‘conscience’ debates in Equity might consider both somewhat stale. Nonetheless, neither topic will likely fade away in the foreseeable future. In Equity: Conscience Goes to Market, Irit Samet […]