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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Equity: A Course of Lectures by F.W. Maitland

Edited by: John Brunyate, A. H. Chaytor, W. J. Whittaker

ISBN13: 9780521176507
Previous Edition ISBN: 004834
Published: March 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 1936)
Price: £35.99

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As the Downing Professor of the Laws of England, F. W. Maitland lectured on equity at Cambridge for 18 years, ending in 1906.

The lectures were first published in 1909 under the editorship of A. H. Chaytor and W. J. Whittaker. They were reprinted seven times before being published in 1936 in a second edition edited by J. Brunyate, who added some notes to Maitland's lectures.

This edition is replicated here. Equity is an important aspect of English law. Its rules grew up to supplement Common Law and largely concern such matters as wills and trusts.

Before beginning this course of lectures Professor Maitland used to recomend various books to his students. The list in 1906 appears to have been the following:-

  • Storey, Equity Jurisprudence (1892)
  • Lewin, The Law of Trusts (1904)
  • Ashburner, Principles of Equity (1902)
  • Straham and Kenrick, Digest of Equity (1905)
  • Holdsworth History of English Law Vol 1 (1903)
  • Digby, History of the Law of Real Property (1898)

Equity and Trusts, Legal History
Preface, table of cases, table of statutes, and list of chancellors
1. The origin of equity (I)
2. The origin of equity (II)
3. Uses and trusts
4. The modern trust
5. Creation of a trust
6. Trusts implied, resulting and constructive
7. The rights and duties of trustees
8. The duties of trustees
9. The nature of equitable estates and interests (I)
10. The nature of equitable estates and interests (II)
Note on Oliver v. Hinton and Walker v. Linom
9. The nature of equitable estates and interests (III)
12. The present relations of equity and the common law
Note on restrictive covenants
13. Mortgages
Note on the law of property since 1925
14. The remedies for breach of trust
Note on trusts
15. Satisfaction and ademption
16. Administration of assets (I)
17. Administration of assets (II)
Note on administration of assets
18. Conversion
19. Election
Note on election
20. Specific performance
21. Injunctions