Equity and Administration

P. G. Turner

• Publisher: Cambridge University Press
• Year: 2016
• ISBN:
  9781316578773
• Topic: Derecho
• Subtopic: Derecho civil

Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Dedication
• Contents
• Contributors
• Acknowledgements
• Table of cases
• Table of legislation
• 1 Equity and administration
• 2 Constraints on the exercise of trustees’ powers
• 3 Constraints on the exercise of trustees’ powers: A commentary
• 4 The administration and maladministration of funds in equity: Making a coherent set of choices
• 5 The administration and maladministration of funds in equity: A commentary
• 6 Equity and insolvency
• 7 Equity and insolvency: A commentary
• 8 Equitable doctrines in business associations
• 9 Equitable doctrines in business associations: A commentary
• 10 Why the rule in Saunders v. Vautier is wrong
• 11 Why the rule in Saunders v. Vautier is wrong: A commentary
• 12 Equity and statute
• 13 Equity and statute: A commentary
• 14 The equity of the executive: Fairness in tax law in nineteenth-century England
• 15 The equity of the executive: A commentary
• 16 Equity in the modern administrative state
• 17 Equity in the modern administrative state: A commentary
• 18 Equity and administrative behaviour
• 19 Equity and administrative behaviour: A commentary
• 20 Equity and human rights
• 21 Equity and human rights: A commentary
• 22 Field, fusion and the 1850s: How an American law reformer influenced the Judicature Act of 1875
• 23 Field, fusion and the 1850s: A commentary
• 24 Equitable protection of legal professional privilege: A distraction
• 25 Equitable protection of legal professional privilege: A commentary
• 26 Equity’s role
• Index