Fault Lines in Equity

Fault Lines in Equity

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Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.... undertaking, will not usually survive the termination of a contract.7 These puzzles can only be explained once fiduciary duties ... Pocket Oxford Latin Dictionary (Oxford, Oxford University Press, 2001) 56; Oxford English Dictionary, 2nd edn (Oxford, Oxford University Press, ... [1973] 1 WLR 1126 (PC) 1129a€“30; Hilton v Barker Booth aamp; Eastwood (a firm) [2005] UKHL 8, [2005] 1 WLR 567 [30] (Lord Scott).


Title:Fault Lines in Equity
Author: Jamie Glister, Pauline Ridge
Publisher:Bloomsbury Publishing - 2012-05-18
ISBN-13:

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