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Equity and Administration

Equity and Administration

Author: P.G Turner
Publisher: Cambridge University Press
ISBN: 9781316507506

Published In: May 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107142732

List Price: ¥12,179.31

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Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions?

While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity.

By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character.

The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.

1. Equity and administration P. G. Turner

2. Constraints on the exercise of trustees' powers Guy Newey

3. Constraints on the exercise of trustees' powers: a commentary Alan Steinfeld

4. The administration and maladministration of funds in equity: making a coherent set of choices R. C. Nolan

5. The administration and maladministration of funds in equity: a commentary Nicholas Patten

6. Equity and insolvency Look Chan Ho

7. Equity and insolvency: a commentary Catherine Addy

8. Equitable doctrines in business associations P. G. Turner

9. Equitable doctrines in business associations: a commentary Richard Snowden

10. Why the rule in Saunders v. Vautier is wrong John H. Langbein

11. Why the rule in Saunders v. Vautier is wrong: a commentary Paul Matthews

12. Equity and statute J. D. Heydon