Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities

Trusts and Equity, part of the Foundations Series, offers a comprehensive, clear and straightforward account of the law ideal for LLB and GDL students.

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal-agent relationship between the PE investors and the fund manager, and the other is the principal-agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.

The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax. These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation. This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors - judges, practitioners and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

More and more people are turning to human rights courts to seek protection against prejudice, disadvantage or exclusion on account of their cultural and economic particularities. Human rights courts are thus increasingly faced with the difficult task of deciding these cases, which raise a number of complex and contested legal questions. To what extent can courts accommodate cultural diversity, protect all kinds of groups or interfere in socio-economic policy? This book argues that one of the problems encountered in dealing with such cases is the courts' tendency to assess them from a 'compartmentalised' or fragmentary perspective. This line of reasoning isolates or places into 'boxes' the various interrelated components of the right holder's claim and the norms concerning the case to their detriment. This book critiques this reductionist approach that is out of touch with real life and which, moreover, tends to leave the roots of the alleged violations intact. To counterbalance this tendency, an innovative, integrated and person-centered approach to adjudicating claims of cultural difference and economic disadvantage is put forward. Drawing on the concepts of intersectionality, indivisibility and normative interdependence, the book presents specific notions and methods for approaching the appreciation of rights holders, harms and norms in a holistic manner. A wide selection of case law from both the European and the Inter-American courts of human rights supports the normative framework developed in this book. The sample mostly includes cases brought by Muslims, Roma, Travelers, indigenous peoples, afro-descendants and people living in poverty.Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View combines legal theory with practical insights in analysing both cultural an economic issues, which are rarely addressed together in human rights legal scholarship. It also offers a context-sensitive and relational view of human rights law that puts rights holders at the heart of the legal analysis, taking heed of the social structures within which legal frameworks operate. The book makes for compelling reading for students, academics and practitioners working in the fields of human rights law, jurisprudence, constitutional law, legal theory and feminist and cultural studies.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts. www.routledge.com/cw/revision

Privatization creates gainers and losers. Increasingly, governments, particularly those in developing countries, are coming to realize that privatization can have a very severe economic impact and raises problems of equity. Yet remedial actions are often inadequate and unsystematic. In "Privatization and Equity", the authors look at some of the problems brought about by the change to private ownership. They identify factors which can lead to greater inequality, including changes in market structure, foreign ownership and operating policies. They also highlight the consequences of ignoring considerations of equity. In the short term these can discredit privatization programmes, and in the long term might even see them reversed.

Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort, property, duties, and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, the book offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. Private Law and Property Claims also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment, and the problems this is causing in private law.

Readers say it best: "Very informative." "Saved me a lot of money and headaches!" "Recommend it for everyone who has to plan estates for their elderly parents" Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one's trust with no lawyers and no expense. Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients' heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death. This updated edition includes new information on an array of subjects, including: Elimination of the federal estate tax for most estates due to increased exemption amounts Online assets The use of passwords, usernames, and websites Keeping trustees honest and the process of removing trustees for malfeasance Forms for simplifying the planning process Strategies to lower attorneys' fees With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. Written by expert lecturers who understand your needs with examination requirements in mind Covers key cases, legislation and principles clearly and concisely so you can recall information confidently Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts Provides self test opportunities throughout for you to check your understanding Illustrates how to compile the ideal set of revision notes Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses.

Equity and Trusts: A Problem-Based Approach creates a fresh approach to learning through the use of integrated realistic case studies designed to simulate how the law works in practice. With comprehensive coverage of the complete equity and trusts curriculum, unlike other textbooks, it integrates a thorough exposition of the legal rules with applied problem-solving opportunities, highlighting the legal issues and providing essential context for the law. The book's goal is to familiarise students with a more active and practical approach to equity and trusts that will deepen their knowledge and understanding. Written in a clear and concise style but without sacrificing detail or analysis, Judith Riches not only provides students with a full and wide-ranging account of the law, but also helps them to develop the analytical and problem-solving skills they will need to succeed in their studies and beyond. Key features include: Case studies at the start of each chapter provide real-world context to each topic and help to familiarise readers with the legal language and style they will encounter Apply Your Learning boxes invite students to reflect and consolidate on the content covered in order to apply the law back to the case study Consider This boxes present variations to the case studies and alternative scenarios to challenge students to take their application of the law to the next level Key Cases and Statutes boxes reinforce the essential role of cases and legislation in the development and application of land law and help students identify key sources of legal authority for revision purposes Tutor Tips highlight important issues and opportunities to impress tutors and examiners without interrupting the flow of the text

This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book's content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like - what is the true meaning of 'martial law'; who can invoke 'martial law'; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of 'emergency powers,' these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.

This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property, such as mistaken payments. Refining the Birksian event-based classification of rights, it offers a coherent and rationalised approach to the transfer, creation and tracing of proprietary rights in general. The book sets out the current state of the law and discusses a vast body of case law. It is argued that the scope of proprietary relief following defective transfers of property is quite limited. Legal or equitable title in the transferred property remains vested in the transferor if his intention to execute the transaction is virtually absent altogether. If only equitable ownership is retained, a resulting trust comes into being. If legal and equitable ownership passes, the law of rescission might provide a power in rem which equips the respective party with a proprietary interest. Apart from that, however, no proprietary relief is available in defective transfer cases. In particular, constructive trusts have no role to play in this context. Proprietary Consequences in Defective Transfers of Ownership is a comprehensive work of interest to academic and professional readers alike.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

Wills, Trusts, and Estate Administration for Paralegals provides a comprehensive overview of estate planning and probate in a manner that is straightforward and easy to read and understand. Instructor resources include an Instructor's Manual, PowerPoint lecture slides, and Test Bank, while a book companion site offers study resources for students. Teaching and Learning Experience: Includes frequent hypotheticals to illustrate key concepts and features. "The Hypothetical Family" is a running example introduced in Chapter 1 and continued throughout each chapter to exemplify a fictional, but life-like, estate planning and probate scenario. Drafting assignments are provided in each chapter, as well as the forms for every assignment. Covers all of the major topics, including ethical considerations, and offers solid review and application of concepts

Based on papers given at a conference at King's College, London, in 1998, Foundations of Charity brings together established scholars in the fields of charity law, public law, and trusts law, and internationally recognized writers on social policy and legal philosophy, from England and Wales, Scotland, Australia, Canada and the United States. The contributors take an iconoclastic approach to the legal definition of charitable status, and provide an in-depth analysis of key concepts in charity law and administration, such as 'public benefit' and 'political activity'. The combination of their different perspectives on 'charity' produces a varied, stimulating, and challenging collection. It should be useful reading for academics, practising lawyers and voluntary sector managers who are looking for a sustained critique of 'charity'.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical.