 This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself.
Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.
Content:
Introduction
1: Dual Legal Systems: Common Law and Equity
2: Legal Systems and Legal Rights
Property
3: Creating Property
4: Amplifying Property Rights
Civil Wrongs
5: Restricting Personal Autonomy
6: Supplementing Civil Wrongs
Contract
7: Reviewing Promises
8: Enforcing Promises
Unjust Enrichment
9: Correcting Misconceived Transfers
Conclusion
10: Moving Forward - Integrating Equity |
