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Book
Equity and administration
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ISBN: 1316578607 1316578771 1316578941 1316579115 1316579794 1316529703 1107142733 1316507505 1316577589 9781316529706 9781316579794 9781107142732 9781316507506 Year: 2016 Publisher: Cambridge : Cambridge University Press,

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Abstract

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.


Book
Equity and law : fusion and fission
Authors: --- ---
ISBN: 1108373194 1108367828 1108421318 1108431755 1108369413 Year: 2019 Publisher: Cambridge : Cambridge University Press,

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The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.


Book
Equity and law
Authors: --- ---
ISBN: 9781108367820 9781108421317 9781108431750 Year: 2019 Publisher: Cambridge Cambridge University Press

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