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Author : Walter Wheeler Cook
Publisher : Unknown
Page : 98 pages
File Size : 55,7 Mb
Release : 1915
Category : Equity
ISBN : CHI:27884780
Author : Walter Wheeler Cook
Publisher : Unknown
Page : 79 pages
File Size : 54,7 Mb
Release : 1915
Category : Courts
ISBN : OCLC:19807033
Author : Thomas Archibald Roberts
Publisher : Unknown
Page : 204 pages
File Size : 40,5 Mb
Release : 1857
Category : Courts
ISBN : STANFORD:36105062195297
Author : Lord Henry Home Kames
Publisher : Unknown
Page : 568 pages
File Size : 43,6 Mb
Release : 1825
Category : Equity
ISBN : OXFORD:N11086912
Author : Paul M. Perell
Publisher : Lexis Law Publishing (Va)
Page : 148 pages
File Size : 54,8 Mb
Release : 1990
Category : Civil law
ISBN : 0409896640
Author : Charles Mitchell,Paul Mitchell
Publisher : Bloomsbury Publishing
Page : 750 pages
File Size : 46,5 Mb
Release : 2012-07-06
Category : Law
ISBN : 9781847319746
Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Author : John C. P. Goldberg,Henry E. Smith,P. G. Turner
Publisher : Cambridge University Press
Page : 483 pages
File Size : 42,5 Mb
Release : 2019-08
Category : Law
ISBN : 9781108421317
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author : Irit Samet
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 51,6 Mb
Release : 2018
Category : Law
ISBN : 9780198766773
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Author : Georghios M. Pikis
Publisher : BRILL
Page : 131 pages
File Size : 52,5 Mb
Release : 2016-10-13
Category : Law
ISBN : 9789004313736
The book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.
Author : Thomas Archibald Roberts
Publisher : Theclassics.Us
Page : 90 pages
File Size : 54,6 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230333533
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ... and even mere expectancies of heirs were and are still frequently sup--, ported, (a) for such transfers are considered either as a permission L J to act as the agent or attorney of the other in recovering the matter transferred, even though there is no express power of attorney, or as a contract entitling the assignee to sue in equity in his own name and enforce the right directly against the person witholding it, whether such person has assented or not, making the assignor (except where his interest was only equitable, or has been completely assigned, ) a party to the proceedings as well as the person against whom relief is sought. (6) Where, however, the assignee has no difficulty in recovering the right at law, or can better do so there by suing in the assignor's name, he should not apply to the court of equity;(c) and assignments of contingent interests, possibilities and expectancies, are treated in equity as contracts to assign as soon as the interest becomes vested, and will then be enforced, and any thing said or done with the design of appropriating a chose in action, or right, in favour of another, amounts to an equitable assignment; but notice of the assignment should immediately be given to the debtor or person in possession of the right of property, whether as trustee or otherwise, or a subsequent assignee by giving notice may obtain priority, or the debt, right or interest, may be previously paid or discharged, which, after notice, could not be done, to the injury of the assignee.(d) Not only is the assignee of a chose in action entitled to all the remedies of the assignor, but takes also subject to all the equities it was liable to in his hands, for the assignor cannot generally give more than he possesses, so that any vice.
Author : Stephen Dodd Law
Publisher : Forgotten Books
Page : 878 pages
File Size : 49,9 Mb
Release : 2018-03-18
Category : Law
ISBN : 036443161X
Excerpt from The Jurisdiction and Powers of the United States Courts and the Rules of Practice of the Supreme Court of the United States and of the Circuit and District Courts in Equity and Admiralty: With Notes and References and an Appendix Containing the Orders of the High Court of Chancery of England, in Force in 1842, and the New Orders of the Same Court of 1845, and the Times and Places of Holding the United States Courts This volume originated in a want, experienced by the author, for a work Of a Similar character; and it is now submitted to the public, and more particularly to his brethren of the Legal Profession, with the hope that it may prove to them both acceptable and useful. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Christopher Columbus Langdell
Publisher : Unknown
Page : 314 pages
File Size : 42,7 Mb
Release : 1883
Category : Equity pleading and procedure
ISBN : UOM:35112104099561
Author : P. G. Turner
Publisher : Cambridge University Press
Page : 601 pages
File Size : 45,5 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781107142732
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Author : Dennis Klimchuk,Irit Samet,Henry E. Smith
Publisher : Oxford University Press
Page : 400 pages
File Size : 47,8 Mb
Release : 2020-04-02
Category : Law
ISBN : 9780192549877
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Author : Stephen D. Law
Publisher : Unknown
Page : 128 pages
File Size : 54,5 Mb
Release : 1852
Category : Electronic
ISBN : OCLC:723647811