Pensions, Contracts and Trusts: Legal Issues on Decision Making e-bog
1313,81 DKK
(inkl. moms 1642,26 DKK)
This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as ...
E-bog
1313,81 DKK
Forlag
Bloomsbury Professional
Udgivet
10 maj 2020
Længde
360 sider
Genrer
Commercial law
Sprog
English
Format
pdf
Beskyttelse
LCP
ISBN
9781526511850
This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers).Recent case law includes: Pitt v Holt (SC) trustee decisions (2013) Braganza (SC) contractual discretions (2015) Eclairs (SC) directors powers: proper purposes (2015) IBM UK Holdings v Dalgleish (CA) employer powers under pension plans (2017) British Airways (CA) pension plan proper purposes (2018)The book reviews the relevant doctrines of: Interpretation rules Proper purposes; Due consideration of relevant factors Full perversity (no reasonable decision maker)