Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Download or read book Fusing Common Law and Equity written by Andrew S. Burrows and published by . This book was released on 2002 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Fusion of Law and Equity written by Paul M. Perell and published by Lexis Law Publishing (Va). This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judging Equity written by T. Leigh Anenson and published by Cambridge University Press. This book was released on 2018-11-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the 'clean hands' doctrine, a safety valve in the legal system designed to correct injustice.
Download or read book Equity in Its Relations to Common Law written by William Weldon Billson and published by . This book was released on 1917 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity written by Sarah Worthington and published by OUP Oxford. This book was released on 2006-08-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.
Download or read book Equity Also the Forms of Action at Common Law written by Frederic William Maitland and published by . This book was released on 1920 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity written by Irit Samet and published by Oxford University Press, USA. This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Download or read book Fusion and Theories of Equity in Common Law Systems written by P G. Turner and published by . This book was released on 2018 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world. The central concern of this paper lies in two facts. The first is that the presence of equity in common law systems poses fundamental questions. What is the place of equity in a modern common law system? Is the purpose of equity, as a distinct ingredient of common law systems, spent? Should equity be distributed through the law? If equity should be a distinct ingredient of common law systems, in what form? The second is that fusion (or merger or union) has become the means by which lawyers address those basic questions.Helpful answers to these basal questions have become more remote as theories of equity have become constrained by the terms in which fusion is discussed. How can the situation be improved? This chapter suggests that a newly widened perspective is needed. The constitutional place that has been assigned to equity in common law systems must be acknowledged and accommodated. And any modern theory of equity must be composite rather than simple or unitary. Also important to appreciate is the practical significance of how fusion is discussed, and how equity theories are formed, in the thinking of lawyers and the work of the courts. To illustrate that practical point, illustrations are given of the accidental fusion of law and equity through the unthinking assimilation of modern equitable claims to the common law forms of action finally abolished in England in 1875.
Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Download or read book The Relations Between Equity and Law written by Wesley Newcomb Hohfeld and published by . This book was released on 1913 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book The Genius of the Common Law written by Frederick Pollock and published by . This book was released on 1912 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Student s Guide to Equity and Trusts written by Judith Bray and published by Cambridge University Press. This book was released on 2020-08-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples.
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Download or read book The Decadence of Equity written by Roscoe Pound and published by . This book was released on 1905 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fusion an Elementary Lecture in which the Question of Uniting and Blending Into One the Courts and Systems of Law and Equity is Considered Etc written by Freeman Oliver HAYNES and published by . This book was released on 1873 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
