Download or read book Lord Nottingham s Chancery Cases Vol II written by and published by . This book was released on 1961 with total page 1039 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by D. E. C. Yale and published by . This book was released on 1957 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by England and Wales. Court of Chancery and published by . This book was released on 1957 with total page 1039 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by Heneage Finch Nottingham (Earl of) and published by . This book was released on 1957 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by Great Britain. Court of Chancery and published by . This book was released on 1961 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by England and Wales. Court of Chancery and published by . This book was released on 1957 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conscience Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Download or read book Lord Nottingham s Chancery Cases Seld Soc Pub 73 written by England and Wales. Court of Chancery and published by . This book was released on 1957 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Landmark Cases in Equity written by C Mitchell and published by Bloomsbury Publishing. This book was released on 2012-07-06 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Early Modern Conceptions of Property written by John Brewer and published by Routledge. This book was released on 2014-01-14 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original historical and literary case studies Distinguished contributors from different fields - law, art history, literature Challenging and sophisticated theory International perspective First book in series brilliantly reviewed
Download or read book An Introduction to the Law of Trusts written by Simon Gardner and published by OUP Oxford. This book was released on 2011-05-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.
Download or read book Fiduciary Loyalty written by Matthew Conaglen and published by Bloomsbury Publishing. This book was released on 2010-01-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.
Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Download or read book The Professions in Early Modern England written by Wilfrid Prest and published by Taylor & Francis. This book was released on 2023-08-18 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1987, The Professions in Early Modern England highlights the significant role of professional and quasi-professional occupations in English society before the industrial revolution, contrary to what was once historiographical and sociological orthodoxy. The editorial introduction provides an overview of the history of the professions as a distinct field of scholarly investigation, suggesting that neither historians nor social theorists have adequately mapped or explained the rise of the professions to their present place in modern societies. The following chapters bring together original contributions by researchers who have made a close study of various occupational groups over the period c. 1500-1750. Besides the traditional learned professions and their practitioners in the church, medicine and the law, they survey occupations generally lacking institutional coherence: school teachers, estate stewards and those following the profession of arms. This book remains of interest to students of history, literature and sociology.
Download or read book Cambridge Studies in English Legal History written by and published by CUP Archive. This book was released on 1959* with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith and Insurance Contracts written by Peter MacDonald Eggers and published by Taylor & Francis. This book was released on 2017-12-06 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Download or read book Defences in Contract written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.
