Wow! eBook
Fault Lines in Equity: 1
Author(s): Bloomsbury (Author), Jamie Glister (Editor), Pauline Ridge (Editor)
- Publisher: Hart Publishing
- Publication Date: 18 May 2012
- Edition: 1st
- Language: English
- Print length: 300 pages
- ISBN-10: 1849462194
- ISBN-13: 9781849462198
Book 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.
Editorial Reviews
Review
“…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.” —Journal of Equity Volume 6
About the Author
Jamie Glister is a Senior Lecturer at the University of Sydney.
Pauline Ridge is an Associate Professor at the Australian National University.
