Category Archives: Equity and Trusts

Causation Conference: Perth, Australia, and Online, 9 September 2022

We are pleased to welcome you to the 2022 Causation Conference, sponsored by Herbert Smith Freehills. the Australian Academy of Law and The University of Western Australia Law School. Causation is one of the basic pillars of the law. Yet its nature, operation and relationship to other foundational concepts remains uncertain and contested, across virtually […]

Langford and Anderson, ‘Charity trustees: governance duties and conflicts of interest’

ABSTRACT This article reports the results of an extensive survey of charity trustees in England and Wales in relation to governance duties and conflicts of interest. The results help discern trustees’ understanding of, and confidence with, their governance duties, their enthusiasm for practical assistance with these duties, the strength of their conflict management procedures, as […]

He Jian, ‘Fiduciary Principles in Chinese Family Law’

ABSTRACT The existing literature on fiduciary law focuses primarily on commercial settings, and fiduciary principles in the area of family law have seldom been considered. This essay sheds light on the fiduciary principles in Chinese family law. There is a set of classic fiduciary duty rules under Chinese family law, such as conflict-of-interest rules and […]

Kellen Funk, ‘Equity’s Federalism’

ABSTRACT The United States has had a dual court system since its founding. One might expect such a pronouncement to refer to the division between state and federal courts, but in the early republic the equally obvious referent would have been to the division between courts of common law and the court of chancery – […]

Gilead Cooper, Review of Digital Assets: Chapter 8 of the Law of Personal Property (3rd edition), ed Bridge, Gullifer, Low and McMeel

Digital Assets: Chapter 8 of the Law of Personal Property (3rd edition), ed Bridge, Gullifer, Low and McMeel. Published Sweet and Maxwell, ISBN (print) 978-0-414-09815-2, 1,354 pages. In his recent book, Reality+, the philosopher David Chalmers argues that we are unable to know if we are all living in a simulated virtual universe: virtual realities […]

Bennett Au-Yeung and Samuel Yee Ching Leung, ‘In search of a laundry receipt’

ABSTRACT There are, in general, three widely considered theoretical bases for a knowing receipt claim: unconscionability, a subsisting proprietary interest and unjust enrichment. In Byers v Saudi National Bank, the English Court of Appeal seemed to have settled for the first two bases. In this article, we first question why unconscionability alone cannot serve as […]

Hartzog and Richards, ‘Legislating Data Loyalty’

ABSTRACT Lawmakers looking to embolden privacy law have begun to consider imposing duties of loyalty on organizations trusted with people’s data and online experiences. The idea behind loyalty is simple: organizations should not process data or design technologies that conflict with the best interests of trusting parties. But the logistics and implementation of data loyalty […]

‘Bringing the Fiduciary Back In’

David Kershaw, ‘Delaware’s Fiduciary Imagination: Going Privates and Lord Eldon’s Reprise’, 98 Washington Law Review 1669 (2021). Wisdom sometimes is best recognized by a traveler. In ‘Delaware’s Fiduciary Imagination: Going Privates and Lord Eldon’s Reprise’, Professor David Kershaw of the London School of Economics revisits cases that we know very well, putting them in the […]

‘Non-problems, future problems and fairy dust’

“Those of us obsessed with the doctrinal and practical mysteries of proprietary estoppel, and perhaps those hoping for guidance to advise clients, are waiting for the Supreme Court to deliver judgment in Guest v Guest. That case has been much on the mind of academics and law students these past few weeks as examinations approach, […]

Derek Whayman, ‘Liability for bribes and secret commissions at common law: obsolete, unnecessary and probably a fusion fallacy’

“This article concerns the common law actions against bribe-givers and bribe-takers. They also extend to mere secret commissions, but ‘bribe’ is a convenient shorthand. The remedies are rescission and the recovery from both parties of either the amount of the bribe or compensatory damages in what the Privy Council called money had and received and […]