Technology/commercial attorney with research interests in equity, trusts, fiduciary duties, contracts and other areas of private law. Address: New York, New York, United States
Review(s) of: Butterworths Questions and Answers - Equity and Trusts, 3rd Ed, by Cockburn, Shirle... more Review(s) of: Butterworths Questions and Answers - Equity and Trusts, 3rd Ed, by Cockburn, Shirley and Carver, LexisNexis Butterworths.
Review(s) of: Corporations Law and Australian Corporate Law, by Anderson, Dickfos, Nehme, Hyland ... more Review(s) of: Corporations Law and Australian Corporate Law, by Anderson, Dickfos, Nehme, Hyland and Dahdal and Harris, Hargovan and Adams, LexisNexis Butterworths.
Review(s) of: Remedies in Equity - the Laws of Australia, by Wright and Hepburn (eds), Thomson Re... more Review(s) of: Remedies in Equity - the Laws of Australia, by Wright and Hepburn (eds), Thomson Reuters.
This article explores some previously unexamined questions surrounding the tort of third party li... more This article explores some previously unexamined questions surrounding the tort of third party liability for participating in breaches of fiduciary duty (TPLFD), which has been recognized in over half of the U.S. states. Should third parties be held liable for participating in breaches of fiduciary duty? If so, in states that have not yet adopted this form of liability are there other existing causes of action that might address similar concerns and therefore render the introduction of TPLFD unnecessary? How should these states adopt this cause of action: via judicial development of the law, or through legislative reform? What are the key issues for the courts and legislators to consider when formulating this cause of action? This Article argues that states that have not yet adopted TPLFD should considering doing so through legislative reform. This will enable the states to address some of the key issues that have arisen in TPLFD case law.
To cite this article: Gurr, Alison. Law of Charity [Book Review] [online]. Ethos: Official Public... more To cite this article: Gurr, Alison. Law of Charity [Book Review] [online]. Ethos: Official Publication of the Law Society of the Australian Capital Territory, No. 219, Mar 2011: 33. Availability: <http://search.informit.com.au/documentSummary;dn=831739552171891;res=IELHSS> ...
This article considers how the common law, statutory and equitable rules of contribution apply to... more This article considers how the common law, statutory and equitable rules of contribution apply to the liability of accessories for breaches of trust and fiduciary duty. It examines accessories' rights to contribution and the impact that releases and the proportionate liability legislation may have on those rights. It is argued that rules governing contribution between trustees should not be applied to accessories, and that a release of a trustee or fiduciary should not automatically operate to release an accessory from liability. Statutory reform is also called for to implement the contribution provisions of the Wrong Act 1958 (Vic) in all other states and territories, and to amend the proportionate liability legislation to exclude trustees, fiduciaries and accessories from its application.
Review(s) of: Butterworths Questions and Answers - Equity and Trusts, 3rd Ed, by Cockburn, Shirle... more Review(s) of: Butterworths Questions and Answers - Equity and Trusts, 3rd Ed, by Cockburn, Shirley and Carver, LexisNexis Butterworths.
Review(s) of: Corporations Law and Australian Corporate Law, by Anderson, Dickfos, Nehme, Hyland ... more Review(s) of: Corporations Law and Australian Corporate Law, by Anderson, Dickfos, Nehme, Hyland and Dahdal and Harris, Hargovan and Adams, LexisNexis Butterworths.
Review(s) of: Remedies in Equity - the Laws of Australia, by Wright and Hepburn (eds), Thomson Re... more Review(s) of: Remedies in Equity - the Laws of Australia, by Wright and Hepburn (eds), Thomson Reuters.
This article explores some previously unexamined questions surrounding the tort of third party li... more This article explores some previously unexamined questions surrounding the tort of third party liability for participating in breaches of fiduciary duty (TPLFD), which has been recognized in over half of the U.S. states. Should third parties be held liable for participating in breaches of fiduciary duty? If so, in states that have not yet adopted this form of liability are there other existing causes of action that might address similar concerns and therefore render the introduction of TPLFD unnecessary? How should these states adopt this cause of action: via judicial development of the law, or through legislative reform? What are the key issues for the courts and legislators to consider when formulating this cause of action? This Article argues that states that have not yet adopted TPLFD should considering doing so through legislative reform. This will enable the states to address some of the key issues that have arisen in TPLFD case law.
To cite this article: Gurr, Alison. Law of Charity [Book Review] [online]. Ethos: Official Public... more To cite this article: Gurr, Alison. Law of Charity [Book Review] [online]. Ethos: Official Publication of the Law Society of the Australian Capital Territory, No. 219, Mar 2011: 33. Availability: <http://search.informit.com.au/documentSummary;dn=831739552171891;res=IELHSS> ...
This article considers how the common law, statutory and equitable rules of contribution apply to... more This article considers how the common law, statutory and equitable rules of contribution apply to the liability of accessories for breaches of trust and fiduciary duty. It examines accessories' rights to contribution and the impact that releases and the proportionate liability legislation may have on those rights. It is argued that rules governing contribution between trustees should not be applied to accessories, and that a release of a trustee or fiduciary should not automatically operate to release an accessory from liability. Statutory reform is also called for to implement the contribution provisions of the Wrong Act 1958 (Vic) in all other states and territories, and to amend the proportionate liability legislation to exclude trustees, fiduciaries and accessories from its application.
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