Cantitate/Preț
Produs

Fault Lines in Equity: Hart Studies in Private Law

Editat de James Glister, Pauline Ridge
en Limba Engleză Hardback – 17 mai 2012
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.
Citește tot Restrânge

Din seria Hart Studies in Private Law

Preț: 77486 lei

Preț vechi: 111355 lei
-30% Nou

Puncte Express: 1162

Preț estimativ în valută:
14831 15425$ 12428£

Carte tipărită la comandă

Livrare economică 13-27 martie

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781849462198
ISBN-10: 1849462194
Pagini: 300
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.58 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on fault lines in equitable doctrine and methodology.Leading scholars and practitioners from England, Australia and New Zealand examine a range of contentious topics including liability for breaches of equitable duties, non-express trusts, equitable rights in insolvency and the distribution of assets on family breakdown.The book will be of value to academics and practitioners dealing with equity.

Notă biografică

Jamie Glister is a Senior Lecturer at the University of Sydney.Pauline Ridge is an Associate Professor at the Australian National University.

Cuprins

1. Unjust Enrichment versus Equitable Principles in England and Australia JOACHIM DIETRICH2. Subrogation, Equity and Unjust Enrichment MARK LEEMING3. Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention FIONA BURNS4. Assignment of Future Property and Preferences JOSHUA GETZLER5. The Fiduciary 'Self Dealing' Rule JAMES EDELMAN6. Participatory Liability for Breach of Trust or Fiduciary Duty PAULINE RIDGE7. Equitable Compensation JAMIE GLISTER8. Trusts and Knowledge: Lessons from Australia BEN McFARLANE9. The Limits of Equity in Disputes over Family AssetsMATTHEW HARDING10. Constructive Trusts: Understanding Remedialism MICHAEL BRYAN11. Thoughts on Equity in New Zealand and New South Wales ANDREW BUTLER and TIM MILLER

Recenzii

...practitioners and scholars who are searching for a deeper analysis of recent developments in equitable doctrine that that which is available in the standard textbooks would do well to consult this collection.

Descriere

Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. Here, leading scholars and practitioners from England, Australia and New Zealand employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology.