Landmark Cases in Equity continues the series of Landmark Cases essays which began with Landmark Cases in the Law of Restitution (2006) and continued with Contract (2008) and Tort (2010). It contains essays on a series of landmark cases in the development of equitable doctrine running from the seventeenth century to recent times.
The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help to understand those principles better, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of fiduciary duty, and the evolution of constructive and resulting trusts.
