|
Showing 1 - 4 of
4 matches in All Departments
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)
Accessory liability is an often neglected but very important topic
across all areas of private law. By providing a principled
analytical framework for the law of accessories and identifying
common themes and problems that arise in the law, this book
provides much-needed clarity. It explains the fundamental concepts
that are used to impose liability on accessories, particularly the
conduct and mental elements of liability: 'involvement' in the
primary wrong and (generally) knowledge. It also sets out in detail
the specific rules and principles of liability as these operate in
different areas of common law, equity and statute. A comparative
study across common law and criminal law jurisdictions, including
the United States, also sheds new light on what is and what is not
accessory liability.
Accessory liability is an often neglected but very important topic
across all areas of private law. By providing a principled
analytical framework for the law of accessories and identifying
common themes and problems that arise in the law, this book
provides much-needed clarity. It explains the fundamental concepts
that are used to impose liability on accessories, particularly the
conduct and mental elements of liability: 'involvement' in the
primary wrong and (generally) knowledge. It also sets out in detail
the specific rules and principles of liability as these operate in
different areas of common law, equity and statute. A comparative
study across common law and criminal law jurisdictions, including
the United States, also sheds new light on what is and what is not
accessory liability.
|
You may like...
Southpaw
Jake Gyllenhaal, Forest Whitaker, …
DVD
R99
R24
Discovery Miles 240
Tenet
John David Washington, Robert Pattinson, …
DVD
R53
Discovery Miles 530
|