The Principles of Equity
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By: Patrick Parkinson
Parkinson's text presents the principles of equity in a clear, comprehensive and contemporary fahion for the use of both practitioners and students. Where possible, principles and statutory rules have been considered together. This text has been referred to in the High Court, and the author is from Sydney Uni.
AI Overview
Overview of "The Principles of Equity" by Patrick Parkinson
Key Themes:
- Historical and Contemporary Perspectives: The book provides a comprehensive understanding of the principles of equity, covering both historical and contemporary aspects. It delves into the evolution of equity and its role in modern legal practice.
- Equitable Jurisdiction: It explores the historical role of the equitable jurisdiction and how it has developed over time, including its relationship with statutory rules.
- Unfair Dealing: The book examines various forms of unfair dealing, such as unconscientious dealing, misrepresentation, estoppel, relief against penalties, and relief against forfeiture.
- Obligations of Trust and Confidence: It discusses fiduciary obligations, undue influence, and breach of confidence, highlighting the importance of trust and confidence in equitable principles.
- Assurances and Assignments: The book covers equitable assignments, contribution, subrogation, and marshalling, providing insights into the complexities of these legal concepts.
- Remedies: It delves into specific performance, injunctions, Anton Piller orders, Mareva orders, constructive trusts, equitable compensation, tracing, declarations, rescission, taking accounts, rectification, delivery up and cancellation, and other remedies available in equity.
- Defences and Set-Off: The book also explores equitable defences and set-off, providing a comprehensive view of how these concepts are applied in legal practice.
Plot Summary: The book is a compilation of essays from 20 authors, each an authority in their area, edited by Patrick Parkinson. It is structured into six parts:
- The History and Nature of Equity: This part explores the historical role of the equitable jurisdiction and its nature.
- Unfair Dealing: This section examines various forms of unfair dealing.
- Obligations of Trust and Confidence: It discusses fiduciary obligations, undue influence, and breach of confidence.
- Assurances and Assignments: This part covers equitable assignments, contribution, subrogation, and marshalling.
- Remedies: The book delves into various remedies available in equity.
- Defences and Set-Off: It explores equitable defences and set-off.
The book aims to present the principles of equity in a clear, comprehensive, and contemporary manner for both practitioners and students.
Critical Reception: While specific reviews are not provided in the sources, the book is described as a significant contribution to the field of equity. The critical reception suggests that the book is well-regarded for its comprehensive and contemporary approach to the subject. The fact that it is now available as a high-quality PDF indicates its continued relevance and utility in legal education and practice.
Overall, "The Principles of Equity" by Patrick Parkinson is a seminal work that provides a thorough understanding of the principles of equity, making it an essential resource for both legal practitioners and students.