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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

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Fault Lines in Equity

Edited by: Jamie Glister, Pauline Ridge

ISBN13: 9781849462198
Published: May 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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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.

Equity and Trusts