Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
| Preface |
|
v | |
| Contributors |
|
ix | |
|
|
|
xi | |
|
|
|
xxxix | |
|
1 The Earl of Oxford's Case (1615) |
|
|
1 | (32) |
|
|
|
2 Coke V Fountaine (1676) |
|
|
33 | (30) |
|
|
|
|
|
63 | (24) |
|
|
|
4 Penn V Lord Baltimore (1750) |
|
|
87 | (28) |
|
|
|
5 Burgess V Wheate (1759) |
|
|
115 | (42) |
|
|
|
6 Morice V Bishop of Durham (1805) |
|
|
157 | (46) |
|
|
|
|
|
203 | (32) |
|
|
|
8 Prince Albert V Strange (1849) |
|
|
235 | (34) |
|
|
|
|
|
269 | (36) |
|
|
|
10 Bishop of Natal V Gladstone (1866) |
|
|
305 | (24) |
|
|
|
11 Earl of Aylesford V Morris (1873) |
|
|
329 | (28) |
|
|
|
12 Re Hallett's Estate (1879--80) |
|
|
357 | (36) |
|
|
|
13 North-West Transportation Co Ltd V Beatty (1887) |
|
|
393 | (30) |
|
|
|
14 Rochefoucauld V Boustead (1897) |
|
|
423 | (30) |
|
|
|
15 Re Earl of Sefton (1898) |
|
|
453 | (20) |
|
|
|
16 Nocton V Lord Ashburton (1914) |
|
|
473 | (26) |
|
|
|
17 Regal (Hastings) Ltd V Gulliver (1942) |
|
|
499 | (30) |
|
|
|
18 National Anti-Vivisection Society V Inland Revenue Commissioners (1948) |
|
|
529 | (28) |
|
|
|
19 National Provincial Bank Ltd V Ainsworth (1965) |
|
|
557 | (24) |
|
|
|
20 Boardman V Phipps (1967) |
|
|
581 | (30) |
|
|
|
21 Pettitt V Pettitt (1970) and Gissing V Gissing (1971) |
|
|
611 | (32) |
|
|
|
22 Paragon Finance plc V DB Thakerar & Co (a firm) (1999) |
|
|
643 | (30) |
|
|
|
|
| Index |
|
673 | |
Charles Mitchell is a Professor of Law at University College London. He is the author of Underhill and Hayton: Law Relating to Trusts and Trustees 18th edn (LexisNexis Butterworths, 2010) (with David Hayton and Paul Matthews) and Goff and Jones: The Law of Unjust Enrichment 8th edn (Sweet & Maxwell, 2011) (with Paul Mitchell and Stephen Watterson). He is also the editor of Constructive and Resulting Trusts (Hart, 2010).Paul Mitchell is a Professor of Laws at University College London. He is the author of The Making of the Modern Law of Defamation (Hart, 2005)and Goff and Jones: The Law of Unjust Enrichment 8th edn (Sweet & Maxwell, 2011) (with Charles Mitchell and Stephen Watterson). He is also a contributing editor of Chitty on Contracts 31st edn (Sweet & Maxwell, 2012). Together, Charles Mitchell and Paul Mitchell have also edited Landmark Cases in the Law of Restitution (Hart, 2006), Landmark Cases in the Law of Contract (Hart, 2008) and Landmark Cases in in the Law of Tort (Hart, 2010).
