Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Sun, 11 Feb 1996 15:52:44 -0700 |
| Re: |
Knowing Assistance |
John P. Murphy
wrote:
Further to Lionel Smith's list re Knowing Assistance,
I would like to add:-
M. Cope, Constructive Trusts
(Sydney: The Law Book Company, 1992), Part 2 I suppose I was confining myself to essays; but even
on that theory, I should certainly have included:
A.J. Oakley, "Liability of a Stranger as a Constructive
Trustee: Some Recent English and Australian Developments" in M. Cope,
ed., Equity - Issues and Trends (Annandale: Federation Press,
1995).
Also, Prof. P.D. Finn (now Justice Finn of
the Australian Federal Court), cited in Lionel's list, has written extensively
on the theory of holding public officials (elected as well as employed)
as trustees of the public interest, with all the consequences flowing
from a breach of that trust. P.D. Finn's essay in the above-cited collection is on
this very point. M. Cope's contribution is on the Lister v. Stubbs
/ AGHK v. Reid point.
Lionel Smith
Faculty of Law, University of Alberta
Edmonton, Alberta, Canada T6G 2H5
Tel 403 492 2599; Fax 403 492 4924
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