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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
Complete Equity & Trusts is supported by clear author
commentary, choice extracts, and useful learning features. The
explanations and examples in this textbook have been crafted to
help students hone their understanding of trusts law. The Complete
titles are ambitious in their scope; they've been carefully
developed with teachers to offer law students more than just a
presentation of the key concepts. Instead they offer a complete
package. Only by building on the foundations of the subject, by
showing how the law works, demonstrating its application through
extracts from cases and judgments, and by giving students the tools
and the confidence to think critically about the law will they gain
a complete understanding. This book is accompanied by free online
resources, which feature resources for students and lecturers
including the following: - Guidence for answering end-of-chapter
questions in the book - Self-test question with instant feedback -
A flashcard glossary of key terms - Updates on legislation and case
law
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