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cover of the book Pensions, Contracts and Trusts: Legal Issues on Decision Making: Proper Purposes, Relevant Factors and Perversity: Applying Braganza

Ebook: Pensions, Contracts and Trusts: Legal Issues on Decision Making: Proper Purposes, Relevant Factors and Perversity: Applying Braganza

Author: David Pollard

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16.02.2024
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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:
The book reviews the relevant doctrines of:
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