Hart studies in private law Fault lines in equity
Type
Book
Authors
ISBN 10
1849462194
ISBN 13
9781849462198
Category
Comparative Study
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Publication Year
2012
Publisher
Volume
1
Pages
300xxxii, 267 pages
Subject
Comparative study
Tags
Series Name
Abstract
"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." - Voila
Description
Content:
Unjust enrichment versus equitable principles in England and Australia / Joachim Dietrich -- Subrogation, equity and unjust enrichment / Mark Leeming -- Clogs on the equity of redemption : a story of changing equitable intervention / Fiona Burns -- Assignment of future property and preferences / Joshua Getzler -- The fiduciary 'self dealing' rule / James Edelman -- Participatory liability for breach of trust or fiduciary duty / Pauline Ridge -- Equitable compensation / Jamie Glister -- Trusts and knowledge : lessons from Australia / Ben McFarlane -- The limits of equity in disputes over family assets / Matthew Harding -- Constructive trusts : understanding remedialism / Michael Bryan -- Thoughts on equity in New Zealand and New South Wales / Andrew Butler and Tim Miller.
Unjust enrichment versus equitable principles in England and Australia / Joachim Dietrich -- Subrogation, equity and unjust enrichment / Mark Leeming -- Clogs on the equity of redemption : a story of changing equitable intervention / Fiona Burns -- Assignment of future property and preferences / Joshua Getzler -- The fiduciary 'self dealing' rule / James Edelman -- Participatory liability for breach of trust or fiduciary duty / Pauline Ridge -- Equitable compensation / Jamie Glister -- Trusts and knowledge : lessons from Australia / Ben McFarlane -- The limits of equity in disputes over family assets / Matthew Harding -- Constructive trusts : understanding remedialism / Michael Bryan -- Thoughts on equity in New Zealand and New South Wales / Andrew Butler and Tim Miller.
Biblio Notes
Includes bibliographical references and index.
Categorized by publisher, then editor, then date.
Categorized by publisher, then editor, then date.
Number of Copies
1
