Fault Lines in Equity
By: James Glister, Pauline Ridge
About This Book
Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first 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, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
AI Overview
Overview of "Fault Lines in Equity" by James Glister and Pauline Ridge
Key Themes:
- Equity and Unjust Enrichment: The book explores the complexities of equity, particularly focusing on the doctrine of unjust enrichment and its application in various scenarios, including multi-party cases and subrogation issues.
- Methodologies of Courts: Pauline Ridge compares and contrasts the methodologies of the Australian and English courts, highlighting differences in their approaches to participatory liability in equity.
- Historical Development of Law: The book includes essays that chart the historical development of specific areas of law, such as the assignment of future property and the doctrine against clogs on the equity of redemption.
- Remedial Constructive Trusts: The authors discuss the concept of remedial constructive trusts and the challenges in recognizing them due to concerns about insolvency implications.
Plot Summary: The book is an anthology edited by James Glister and Pauline Ridge, featuring contributions from various legal scholars. It addresses specific doctrinal questions in equity, as well as broader "meta" issues related to the organization and methodology of equity law. The chapters delve into the complexities of equity, including the challenges in applying the doctrine of unjust enrichment in complex multi-party scenarios, and the differences in approaches between Australian and English courts. The historical development of specific legal doctrines, such as assignment of future property and the anti-clog doctrine, is also explored in detail.
Critical Reception: While there is no specific critical reception mentioned in the sources provided, the book is likely to be of significant value to academics and legal scholars due to its comprehensive and detailed analysis of equity law. The inclusion of essays by experts in the field, such as Joshua Getzler and Fiona Burns, adds to the book's credibility and relevance in the legal academic community.
Publication Details:
- Publication Date: May 2012
- ISBN: 9781847319449
- Publisher: Hart Publishing
The book is available in both print and eBook formats, and it includes online resources for further study.