Legislative incursions into modern trusts doctrine in England: The Trustee Act 2000 and the Contracts (Rights of Third Parties) Act 1999
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Joshua Getzler
English trust law is increasingly emulating contract. The relationship of trustee to beneficiaries is now modelled as a consensual relationship created by agreement rather than custody; and governed by standards and duties of care with tort-like features as opposed to traditional fiduciary controls. This movement, which has considerable support in the appellate judiciary, is accelerated by the recasting of trustee powers and duties in the Trustee Act 2000. Further contractualization might provoke a shift into third-party-beneficiary contract and agency models, a process that may be helped by the Contracts (Rights of Third Parties) Act 1999. The shift to contract-tort models may have gone too far in empowering trustees at the expense of entrustors, and on a broader level, in deregulating capital investment markets.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Frontiers Article
- Hard Code Now!
- The Common Core of European Private Law in Boxes and Bundles
- The Politics of European Contract Law: Who has an Interest in What Kind of Contract Law for Europe?
- Judicial Cooperation in the European Courts: Testing Three Models of Judicial Behavior
- Advances Article
- North America as a Medieval Legal Construction
- Human Rights Risk, Infrastructure Projects and Developing Countries
- Intellectual Property Rights and Legal Order
- Constitutional Courts in New Democracies: Understanding Variation in East Asia
- Topics Article
- Foreign Inspired Courts as Agencies of Peace in Troubled Societies. A Plea for Realism and for Creativity.
- Legislative incursions into modern trusts doctrine in England: The Trustee Act 2000 and the Contracts (Rights of Third Parties) Act 1999
- The Rise and Fall of the Rehabilitative Ideal in Italian Criminal Justice
- Conflict of Interests and the Fair Dealing Duty
