Oxford, Hart Publishing (Hart Studies in Private Law n°1), mai 2012, 300 p., ISBN:9781849462198, £65.00
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.
- Jamie Glister is a Senior Lecturer at the University of Sydney.
- Pauline Ridge is an Associate Professor at the Australian National University.
- Table of Cases
- Table of Legislation
- Unjust Enrichment versus Equitable Principles in England and Australia, J. DIETRICH
- Subrogation, Equity and Unjust Enrichment, M. LEEMING
- Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention, F. BURNS
- Assignment of Future Property and Preferences, J. GETZLER
- The Fiduciary ‘Self Dealing’ Rule, J. EDELMAN
- Participatory Liability for Breach of Trust or Fiduciary Duty, P. RIDGE
- Equitable Compensation, J. GLISTER
- Trusts and Knowledge: Lessons from Australia, B. McFARLANE
- The Limits of Equity in Disputes over Family Assets, M. HARDING
- Constructive Trusts: Understanding Remedialism, M. BRYAN
- Thoughts on Equity in New Zealand and New South Wales, A. BUTLER and T. MILLER