Download or read book The Place of Equity and Equitable Doctrines in the Contemporary Common Law World written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Place of Equity and Equitable Doctrines in the Contemporary Common Law World written by and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Place of Equity and Equitable Doctrines in the Contemporary Common Law World written by Sir Anthony Mason and published by . This book was released on 1993 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Place of Equity and Equitable Doctrines in the Contemporary Common Law World written by Royal Society of Canada and published by . This book was released on 1993* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Mason Papers written by Sir Anthony Mason and published by Federation Press. This book was released on 2007 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: " There have been times when Australian court judgments have held enormous weight in courts throughout the world, certainly throughout the Commonwealth. Owen Dixon's High Court in the 1950s and Anthony Mason's High Court in the 1980s are examples. If there were an Olympic record for teams of judges - and why not since they have Olympic medals for tae kwon do and beach volleyball - the Mason court would have won gold year after year. The quality of its jurisprudence was the best in the world" - Geoffrey Robertson QC, Sydney Morning Herald, 30th August 2007.This book comprises a selection of articles and speeches by Sir Anthony Mason written and delivered when he was a Justice and later Chief Justice of the High Court of Australia and after his retirement from that Court in 1995. It demonstrates his long standing interest in the judicial process and his desire to communicate to the legal world and the public a more enlightened understanding of the proper scope of judicial law-making and the responsibility of judges for adapting the law to the changing conditions in society. It also displays his acknowledged mastery of public and private law and his belief in the growing significance of international and comparative law in the development of Australian law. The book contains some important speeches and articles on constitutional and administrative law, international law, human rights, equity and contract, the High Court, judicial administration, advocacy, a significant media interview, a State of the Judicature report delivered as the Chief Justice of Australia and his swearing in speeches when appointed as a Justice and later Chief Justice of the High Court. Some of the selected speeches display Sir Anthony's characteristic wit. The book deals with highly topical subjects such as whether Australia should adopt a bill of rights, the health of Australia's democratic institutions, the establishment of an Australian republic, globalization and the decline of parliamentary and national sovereignty. The articles and speeches were chosen and edited by Professor Geoffrey Lindell in consultation with Sir Anthony.
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 Equity written by Irit Samet and published by Oxford University Press. This book was released on 2018-12-06 with total page 240 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: âAccountability Correspondenceâ. 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 A Treatise on Equity Jurisprudence as Administered in the United States of America written by John Norton Pomeroy and published by . This book was released on 1899 with total page 850 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 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: T. Leigh Anenson analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to contentious conversation about law-equity fusion in other countries of the common law, Anenson provides a historical, doctrinal, and theoretical account of the integration, analyzes cases in the federal courts and across the fifty states, and places the issue of integration within a broader debate over the fusion of law and equity. Her analysis also includes descriptive and normative accounts of the equitable maxim of unclean hands. This groundbreaking work, which clarifies conflicting case law and advances the idea of a principled fusion of law and equity, should be read by anyone interested in the need for equity - its cultivation, preservation, and celebration.
Download or read book Equity Doctrines and Remedies written by Roderick Pitt Meagher and published by . This book was released on 1975 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the law of equity including cases and statutes.
Download or read book Equity Also the Forms of Action at Common Law Two Courses of Lectures written by Frederic William Maitland and published by CUP Archive. This book was released on 1913 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 A Treatise on Equity Jurisprudence as Administered in the United States of America written by John Norton Pomeroy and published by . This book was released on 1918 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Meagher Gummow and Lehane s Equity written by John Dyson Heydon and published by . This book was released on 2015 with total page 1283 pages. Available in PDF, EPUB and Kindle. Book excerpt: MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has become the authoritative work on equity in Australia and a leading text in the common law world, presenting a scholarly analysis of the principles of equity by reference to the leading cases and statutory provisions.This new edition includes analysis of developments in Australia and the common law world over the past 12 years. It deals with all fundamental equitable doctrines and remedies, save for trusts, and covers the development of equity and its history in the United Kingdom and Australia, including the effects of the Judicature system. MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has been described as ¿a most substantial and distinguished contribution to the literature of Equity¿ (Law Quarterly Review), and as exhibiting "a high standard in the articulation and explanation of equitable doctrines, and in the discussion of equitable remedies" (Australian Law Journal). Few if any Australian law books have carved so significant a niche in legal publishing. This work is an essential text for law practitioners and students. This text is part of the LexisNexis Black and Silver Series. Features: highly respected and regarded author team; regarded as authoritative amongst practitioners and the judiciary and has an established reputation as the definitive work on this topic; Comprehensive and thorough examination of equity.
Download or read book A Treatise on Equity Jurisprudence as Administered in the United States of America written by John Norton Pomeroy and published by . This book was released on 1941 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt:
