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Fault Lines in Equity.

By: Contributor(s): Material type: TextTextSeries: Hart studies in private lawPublication details: London : Bloomsbury Publishing, 2012.Description: 1 online resource (300 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781847319432
  • 1847319432
Subject(s): Genre/Form: Additional physical formats: Print version:: Fault Lines in Equity.DDC classification:
  • 346.9405
LOC classification:
  • KU490 .F38 2014
Online resources:
Contents:
Prelims; Preface; Contents; Contributors; Table of Cases; Table of Legislation; 1. Unjust Enrichment versus Equitable Principles in England and Australia; 2. Subrogation, Equity and Unjust Enrichment; 3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention; 4. Assignment of Future Property and Preferences; 5. The Fiduciary ''Self Dealing'' Rule; 6. Participatory Liability for Breach of Trust or Fiduciary Duty; 7. Equitable Compensation; 8. Trusts and Knowledge: Lessons from Australia; 9. The Limits of Equity in Disputes over Family Assets.
10. Constructive Trusts: Understanding Remedialism11. Thoughts on Equity in New Zealand and New South Wales; Index.
Summary: 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 E.
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Print version record.

Prelims; Preface; Contents; Contributors; Table of Cases; Table of Legislation; 1. Unjust Enrichment versus Equitable Principles in England and Australia; 2. Subrogation, Equity and Unjust Enrichment; 3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention; 4. Assignment of Future Property and Preferences; 5. The Fiduciary ''Self Dealing'' Rule; 6. Participatory Liability for Breach of Trust or Fiduciary Duty; 7. Equitable Compensation; 8. Trusts and Knowledge: Lessons from Australia; 9. The Limits of Equity in Disputes over Family Assets.

10. Constructive Trusts: Understanding Remedialism11. Thoughts on Equity in New Zealand and New South Wales; Index.

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 E.

Includes bibliographical references and index.

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