Fault Lines in Equity
eBook - PDF

Fault Lines in Equity

James Glister, Pauline Ridge, James Glister, Pauline Ridge

  1. 300 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Fault Lines in Equity

James Glister, Pauline Ridge, James Glister, Pauline Ridge

Book details
Table of contents
Citations

About This Book

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 England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.

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Yes, you can access Fault Lines in Equity by James Glister, Pauline Ridge, James Glister, Pauline Ridge in PDF and/or ePUB format, as well as other popular books in Law & Estates & Trusts Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2012
ISBN
9781847319432
Edition
1
Topic
Law
Subtopic
Estates & Trusts Law
Index
Law

Table of contents

  1. Cover
  2. Prelims
  3. Preface
  4. Contents
  5. Contributors
  6. Table of Cases
  7. Table of Legislation
  8. 1. Unjust Enrichment versus Equitable Principles in England and Australia
  9. 2. Subrogation, Equity and Unjust Enrichment
  10. 3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention
  11. 4. Assignment of Future Property and Preferences
  12. 5. The Fiduciary 'Self Dealing' Rule
  13. 6. Participatory Liability for Breach of Trust or Fiduciary Duty
  14. 7. Equitable Compensation
  15. 8. Trusts and Knowledge: Lessons from Australia
  16. 9. The Limits of Equity in Disputes over Family Assets
  17. 10. Constructive Trusts: Understanding Remedialism
  18. 11. Thoughts on Equity in New Zealand and New South Wales
  19. Index