Account of Profits and Dishonest Assistance - with Weiming Tan
Trusts Talk di Adam Hofri, Mark Bennett
Note sull'episodio
In this episode of Trusts Talk, Mark Bennett and Adam Hofri are joined by Weiming Tan, an assistant professor at the National University of Singapore and a contributing editor to the 35th edition of Snell's Equity, to discuss his recent Law Quarterly Review article on the account of profits in dishonest assistance. Weiming makes the case for his "equal rigour" principle: rather than asking whether a dishonest assistant counts as a fiduciary, which is the "status-centric" approach he critiques, he argues that equity's commitment to protecting the fiduciary relationship should extend the same remedial regime outward to those who dishonestly interfere with it. Drawing on Ian Jackman's idea of facilitative institutions, and navigating the split between the English Court of Appeal and the High Court of Australia, the conversation ranges across whether ...