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Jessica Hudson, One Thicket in Fraud on a Power, Oxford Journal of Legal Studies, Volume 39, Issue 3, Autumn 2019, Pages 577–602, https://doi.org/10.1093/ojls/gqz017
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Abstract
This article considers the effect of fraud on a power as it applies to private powers arising across a range of institutions, such as express trusts, agency and companies. The article makes two main arguments. First, the effect of fraud on a power is determined by the equitable nature of the doctrine and its interaction with a particular type of power. The significance is that the effect of fraud on a power cannot be described as either voidness or voidability. There is a more important question as to the priority of equity’s response to fraud on a power. The second argument is that equity calibrates its response to fraud on a power depending on the method by which the power is devolved. The article goes on to consider the justification for this calibration, including the risk profiles that inhere in the different ways that institutions devolve power.
