, ,

Equity and Law

Fusion and Fission

Specificaties
Paperback, 481 blz. | Engels
Cambridge University Press | e druk, 2021
ISBN13: 9781108431750
Rubricering
Hoofdrubriek : Juridisch
Cambridge University Press e druk, 2021 9781108431750
Gratis verzonden | Verwachte levertijd ongeveer 9 werkdagen

Samenvatting

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.

Specificaties

ISBN13:9781108431750
Taal:Engels
Bindwijze:paperback
Aantal pagina's:481
Verschijningsdatum:11-11-2021
Hoofdrubriek:Juridisch
Jongbloed:Recht algemeen

Over Henry Smith

Henry E. Smith is Fessenden Professor of Law and the Director of the Project on the Foundations of Private Law at Harvard Law School. Previously, he taught at the Northwestern University School of Law and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He has written extensively on property, equity, remedies, and private law theory.

Andere boeken door Henry Smith

Inhoudsopgave

1. Fusion and theories of equity in common law systems P. G. Turner

Part I. Jurisdictions and Their Institutions
2. Equity: notes on the American reception Samuel L. Bray
3. The union of law and equity: the United States, 1800–1938 Kellen Funk
4. What did the makers of the judicature acts understand by 'fusion'? Michael Lobban
5. At the crossroads of fusion: British North America/Canada, 1750–2000 Philip Girard
6. Fusion – fission – fusion: pre-judicature equity jurisdiction in New South Wales, 1824–1972 Mark Leeming
7. Fusion without fission: equity and the judicature acts in colonial Victoria James Mccomish
8. Are equity and law in Scotland fused, separate or intertwined? Daniel J. Carr

Part II. Fusion and Fission in Doctrine and Practice
9. Equity and the common counts: the development of the action for money had and received Ben Kremer
10. Mistake and unfairness in contract law Stephen Waddams
11. Lex Sequitur Equitatem: fusion and the penalty doctrine P. G. Turner
12. Rediscovering the equitable origins of discovery: the 'blending' of law and equity prior to fusion Patricia I. Mcmahon

Part III. Functional, Analytical and Theoretical Views
13. Wrongful fusion: equity and tort John C. P. Goldberg and Henry E. Smith
14. Avoiding anarchy? Common law vs. equity and Maitland vs. Hohfeld Ben Mcfarlane
15. Equity and the modern mind Emily Sherwin
16. An argument for limited fission Matthew Harding

Conclusion
17. 'Single nature's double name': the unity of law and equity? Dennis Klinck

Index

Rubrieken

Populaire producten

    Personen

      Trefwoorden

        Equity and Law