Description: Pensions, Contracts and Trusts : Legal Issues on Decision Making; Proper Purposes, Relevant Factors and Perversity; Applying Braganza, Hardcover by Pollard, David, ISBN 1526511835, ISBN-13 9781526511836, Like New Used, Free shipping in the US
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)
Th reviews the relevant doctrines of:
Interpretation rules
Proper purposes;
Due consideration of relevant factors
Full perversity (no reasonable decision maker)
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End Time: 2024-12-19T21:56:37.000Z
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Book Title: Pensions, Contracts and Trusts : Legal Issues on Decision Making;
Number of Pages: 640 Pages
Publication Name: Pensions, Contracts and Trusts: Legal Issues on Decision Making
Language: English
Publisher: Bloomsbury Publishing
Item Height: 1.6 in
Subject: Commercial / General, Pension Law, Contracts, Labor & Employment
Publication Year: 2020
Item Weight: 41.3 Oz
Type: Textbook
Subject Area: Law
Item Length: 10.1 in
Author: David Pollard
Item Width: 6.5 in
Format: Hardcover
