Landmark Cases in Equity

ISBN-13: 9781849461542 / Angielski / Twarda / 2012 / 750 str.

Charles Mitchell

Opis

Landmark Cases in Equity continues the series of Landmark Cases essays which began with Landmark Cases in the Law of Restitution (2006) and continued with Contract (2008) and Tort (2010). The book contains essays on a series of UK landmark cases in the development of equitable doctrine, running from the 17th century to recent times. The range, breadth, and social importance of equitable principles - as these affect commercial, domestic, and even political matters - are well known. By focusing on the historical development of these principles, the essays in this collection help to understand the principles better and also provide insights into the processes of legal change through judicial innovation in the UK. The themes addressed include: the nature of the courts' equitable jurisdiction * the development of property rights in equity * constraints on the powers of settlors to create express trusts * the duties of trustees and other fiduciaries * remedies for breach of fiduciary duty * the evolution of constructive and resulting trusts. The collection will appeal to both academics and practitioners concerned with equity.