Fault lines in equity
著者
書誌事項
Fault lines in equity
（Hart studies in private law, v. 1）
Hart, 2012
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注記
Includes index
内容説明・目次
内容説明
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.
目次
1. Unjust Enrichment versus Equitable Principles in England and Australia
JOACHIM DIETRICH
2. Subrogation, Equity and Unjust Enrichment
MARK LEEMING
3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention
FIONA BURNS
4. Assignment of Future Property and Preferences
JOSHUA GETZLER
5. The Fiduciary 'Self Dealing' Rule
JAMES EDELMAN
6. Participatory Liability for Breach of Trust or Fiduciary Duty
PAULINE RIDGE
7. Equitable Compensation
JAMIE GLISTER
8. Trusts and Knowledge: Lessons from Australia
BEN McFARLANE
9. The Limits of Equity in Disputes over Family Assets
MATTHEW HARDING
10. Constructive Trusts: Understanding Remedialism
MICHAEL BRYAN
11. Thoughts on Equity in New Zealand and New South Wales
ANDREW BUTLER and TIM MILLER
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