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Landmark Cases in Equity: (Landmark Cases)

Landmark Cases in Equity: (Landmark Cases)


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About the Book

Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on 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 us to understand them more clearly, 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 these duties, and the evolution of constructive and resulting trusts.

Table of Contents:
1. The Earl of Oxford's Case (1615) David Ibbetson 2. Coke v Fountaine (1676) Mike Macnair 3. Grey v Grey (1677) Jamie Glister 4. Penn v Lord Baltimore (1750) Paul Mitchell 5. Burgess v Wheate (1759) Paul Matthews 6. Morice v Bishop of Durham (1805) Joshua Getzler 7. Tulk v Moxhay (1848) Ben McFarlane 8. Prince Albert v Strange (1849) Lionel Bently 9. Ramsden v Dyson (1866) Nick Piška 10. Bishop of Natal v Gladstone (1866) Charlotte Smith 11. Earl of Aylesford v Morris (1873) Catharine MacMillan 12. Re Hallett's Estate (1879–80) Graham Virgo 13. North-West Transportation Co Ltd v Beatty (1887) Lionel Smith 14. Rochefoucauld v Boustead (1897) Ying Khai Liew 15. Re Earl of Sefton (1898) Chantal Stebbings 16. Nocton v Lord Ashburton (1914) James Edelman 17. Regal (Hastings) Ltd v Gulliver (1942) Richard Nolan 18. National Anti-Vivisection Society v Inland Revenue Commissioners (1948) Jonathan Garton 19. National Provincial Bank Ltd v Ainsworth (1965) Alison Dunn 20. Boardman v Phipps (1967) Michael Bryan 21. Pettitt v Pettitt (1970) and Gissing v Gissing (1971) John Mee 22. Paragon Finance plc v DB Thakerar & Co (a firm) (1999) Christian Daly and Charles Mitchell

About the Author :
Charles Mitchell is a Professor of Law at University College London. He is the author of Underhill and Hayton: Law Relating to Trusts and Trustees 18th edn (LexisNexis Butterworths, 2010) (with David Hayton and Paul Matthews) and Goff and Jones: The Law of Unjust Enrichment 8th edn (Sweet & Maxwell, 2011) (with Paul Mitchell and Stephen Watterson). He is also the editor of Constructive and Resulting Trusts (Hart, 2010). Paul Mitchell is a Professor of Laws at University College London. He is the author of The Making of the Modern Law of Defamation (Hart, 2005)and Goff and Jones: The Law of Unjust Enrichment 8th edn (Sweet & Maxwell, 2011) (with Charles Mitchell and Stephen Watterson). He is also a contributing editor of Chitty on Contracts 31st edn (Sweet & Maxwell, 2012). Together, Charles Mitchell and Paul Mitchell have also edited Landmark Cases in the Law of Restitution (Hart, 2006), Landmark Cases in the Law of Contract (Hart, 2008) and Landmark Cases in in the Law of Tort (Hart, 2010).

Review :
The work ... will be valuable to those wishing to broaden their insight into leading equity cases ... In giving a fascinating description of the historical context of cases, many of the essays are also likely to appeal to those with an interest in legal history or even in history generally. Christine Flutter, Trust Law International -- Christine Flutter Trust Law International 2012


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Product Details
  • ISBN-13: 9781847319746
  • Publisher: Bloomsbury Publishing PLC
  • Publisher Imprint: Hart Publishing
  • Language: English
  • Series Title: Landmark Cases
  • ISBN-10: 1847319742
  • Publisher Date: 06 Jul 2012
  • Binding: Digital (delivered electronically)
  • No of Pages: 750


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