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Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. Here, leading scholars and practitioners from England, Australia and New Zealand employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology.
Equity --- Chancery --- Actions and defenses --- Trusts and trustees --- Law and legislation --- Equity.
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Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.
Liability (Law) --- Joint tortfeasors. --- Correality and solidarity. --- Accomplices. --- Correality and solidarity --- "Joint and several" --- Solidarity (Civil law) --- Solidary obligations --- Debtor and creditor --- Obligations (Law) --- Apportionment of liability among joint tortfeasors --- Joint torts --- Torts --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Abettors --- Accessories (Criminal law) --- Principal and accessory --- Criminal law --- Principals (Criminal law) --- Law and legislation
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For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Law reform --- Law --- law --- australia --- law reform --- Australia
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