This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.
Arvustused
This admirable collection of essays by distinguished scholars and practitioners contains much food for thought. Any practitioner with a case on any of the areas featured in this collection, or anyone writing something involving an issue discussed here, would do well to read carefully the relevant essay in the collection. The case for the continued relevance of Equity to the modern law in common law jurisdictions is well made and the Burrows rule is honoured in the observance. -- David Capper, Queens University Belfast, UK * Lloyd's Maritime and Commercial Law Quarterly *
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Provides the most comprehensive and illuminating picture available of how equity operates across the common law world today.
Preface
List of Contributors
Table of Cases
Table of Legislation
PART I
EQUITY AND EQUITIES
1. The Persistence of Equity: Lessons from the Trust
Ben McFarlane
2. Equitys Gloss on Authority
Jessica Hudson
3. Section 25(6) of the Judicature Act 1873: A Procedural Approach
C.H. Tham
4. Equity and the Land Registration Act 2002: Form, Conscience, and the
Judiciary
Aruna Nair
PART II
MAXIMS AND DOCTRINES
5. The Mischief of Maxims
William Swadling
PART III
EQUITABLE PROTECTION
6. Loose Ends in Accounting for Profits
Lord Briggs of Westbourne
7. Judicature and Accounts
Matthew Conaglen
PART IV
EQUITABLE REMEDIES
8. Equitable Damages
The Honourable Justice Edelman
9. The Basic Structure of Rescission
Steven Elliott KC
10. When are Negotiating Damages Available?
John MCGhee KC
11. Specific Performance and the Reflective Loss Rule
Janet OSullivan
12. Freezing Orders: Casting Off the Shackles of The Siskina?
Paul S Davies
PART V
TRUSTS
13. Bankruptcy Protection for Trusts before the Judicature Acts
David Fox
PART VI
ADMINISTRATION OF ASSETS
14. Wasting Away: Devastavit and the Judicature Act 1873
Simon Douglas
PART VII
SECURITIES
15. Equity in Codified Secured Transactions Law
Magda Raczynska
PART VIII
INTERNATIONAL PERSPECTIVES
16. equity is not Equity
Alexandra Popovici and Lionel Smith
17. Equitable Meta-Law: The Spectrum of Property
Henry E Smith
18. Certainty of Loss of Chance in Equity
Simone Degeling
19. Dishonesty and Unconscionability in Contractual Performance A Role for
Equity?
The Honourable Madam Justice Mary V Newbury
20. Equity in Commerce: Too Much and Too Little?
Man Yip
Index
Ben McFarlane is Professor of English Law at the University of Oxford, UK. Steven Elliott KC is a barrister practising at One Essex Court, UK.
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