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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
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Fault Lines in Equity (Hardcover, New)
Loot Price: R4,316
Discovery Miles 43 160
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Fault Lines in Equity (Hardcover, New)
Series: Hart Studies in Private Law
Expected to ship within 10 - 15 working days
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Equity - the body of law developed in the English Court of Chancery
- has a long and distinguished history. In the 21st 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 * the
suitability of unjust enrichment analysis. The book addresses
specific doctrinal questions, as well as the 'meta' issues of
organization and methodology, and the findings will be of value to
academics and practitioners alike. (Series: Hart Studies in Private
Law - Vol. 1)
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