Fault Lines in Equity
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Fault Lines in Equity

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Description

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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Product details

  • Hardback | 300 pages
  • 156 x 234 x 15mm | 581g
  • Hart Publishing
  • Oxford, United Kingdom
  • English
  • New
  • 1849462194
  • 9781849462198
  • 876,435

Table of contents

1. Unjust Enrichment versus Equitable Principles in England and Australia
JOACHIM DIETRICH
2. Subrogation, Equity and Unjust Enrichment
MARK LEEMING
3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention
FIONA BURNS
4. Assignment of Future Property and Preferences
JOSHUA GETZLER
5. The Fiduciary 'Self Dealing' Rule
JAMES EDELMAN
6. Participatory Liability for Breach of Trust or Fiduciary Duty
PAULINE RIDGE
7. Equitable Compensation
JAMIE GLISTER
8. Trusts and Knowledge: Lessons from Australia
BEN McFARLANE
9. The Limits of Equity in Disputes over Family Assets
MATTHEW HARDING
10. Constructive Trusts: Understanding Remedialism
MICHAEL BRYAN
11. Thoughts on Equity in New Zealand and New South Wales
ANDREW BUTLER and TIM MILLER
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Review quote

...practitioners and scholars who are searching for a deeper analysis of recent developments in equitable doctrine that that which is available in the standard textbooks would do well to consult this collection. -- Darryn Jensen * Journal of Equity Volume 6 *
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About Jamie Glister

Jamie Glister is a Senior Lecturer at the University of Sydney.
Pauline Ridge is an Associate Professor at the Australian National University.
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