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The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax.
These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation.
This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.
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What Reviewers Are Saying
The book is an excellent resource made even more useful by the thoroughly constructed index and, in particular, the Table of Cases. The book will be of value to advanced students, legal scholars and advocates and will stand for years to come as an enduring tool to assist those grappling with the legal concept of sham. * Michael Walpole, British Tax Review (5, 2015) *