Category Archives: Equity

Gabriel Rauterberg and Eric Talley, ‘Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers’

Abstract: For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few ‘mandatory’ rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the […]

‘Lord Eldon Redux: Information Asymmetry, Accountability and Fiduciary Loyalty’

“Judicial and scholarly discourse about fiduciaries’ duty of loyalty has emphasized the ‘no conflict’ and ‘no profit’ rules as a vehicle for coping with opportunistic behaviour much more than disclosure duties. In a new article published in the Oxford Journal of Legal Studies, I seek to rebalance this image of the structure of fiduciary loyalty […]

Daniel Harris, ‘Testing the orthodoxy of Akers v Samba

Abstract: In Akers v Samba, a trustee, in breach of trust, transferred legal title to shares forming the subject matter of the trust fund to a bona fide purchaser for value without notice, thereby clearing the title. The Supreme Court held that the corporate beneficiary of the trust, which was the subject of winding-up proceedings, […]

Mark Pawlowski, ‘Beneficial ownership of the family home – where now the resulting trust?’

Abstract: The article seeks to identify those areas where the resulting trust may still have an important role to play in determining beneficial ownership of the family home. Although the modern judicial trend is for the courts to apply constructive trust or proprietary estoppel mechanisms in the family context, the resulting trust remains the appropriate […]

Evan Fox-Decent, ‘Challenges to Public Fiduciary Theory: An Assessment’

Abstract: Over the past decade, a growing number of legal and political theorists have looked to ideas of trusteeship and fiduciary relations to explain foundational concepts associated with the rule of law, constitutional government, the role of judges and legislators, and the idea of public authority itself. Professor Evan Criddle and I have contributed to […]

Cooper and Lees, ‘Interests, Powers and Mere Equities in Modern Land Law’

Abstract: English land registration law is a work in progress. There remain important unresolved issues concerning the conceptual building blocks used in the Land Registration Act 2002. This article focuses on rights to correct the land register. It considers the place of such rights in the ordering of estates, interests, rights and equities; and makes […]

Paul Miller, ‘Defining the Scope of Fiduciary Liability’

Abstract: This essay highlights and pays tribute to Justice Thomas Cromwell’s contributions to Canadian fiduciary jurisprudence on the occasion of his retirement from the Supreme Court of Canada. The essay situates these contributions in the context of points of uncertainty in the Court’s earlier fiduciary jurisprudence. Justice Cromwell has left the Court with a much-improved […]

Andrew Gold, ‘Interpreting Fiduciary Law’

Abstract: Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria, including: fit, coherence, morality, and transparency. I will suggest that fiduciary […]

Philosophical Foundations of Equity Law, King’s College London, 29-30 June 2017

The Dickson Poon School of Law, King’s College London and the Centre for Private Law at Harvard University are delighted to present Philosophical Foundations of Equity Law, a conference bringing together many world-leading scholars on the Law of Equity and explore the fundamental structure of Equity, the values it instantiates and its relationship to other […]

Martin Kelly, ‘Mixed-up Wills, Rectification and Interpretation: Marley v Rawlings

Abstract: In Marley v Rawlings, the UK Supreme Court had to decide who should inherit the estate of Alfred Rawlings – who had mistakenly signed his wife’s Will (instead of his own). In this article, I will examine the issues of interpretative methodology arising from this case. The Supreme Court resolved the dispute by exercising […]