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Equity and Administration

£74.99

P. G. Turner, Guy Newey, Alan Steinfeld, R. C. Nolan, Nicholas Patten, Look Chan Ho, Catherine Addy, Richard Snowden, John H. Langbein, Paul Matthews, J. D. Heydon, Mark Leeming, Chantal Stebbings, John F. Avery Jones, William Gummow, David Feldman, Henry E. Smith, Timothy Endicott, Lord Walker of Gestingthorpe, Philip Sales, Patricia I. McMahon, Michael Lobban, Adrian Zuckerman, Mike Macnair, Matthew Conaglen
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  • Date Published: May 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107142732

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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.

    • Proposes a new perspective on the nature and role of equity in modern common law systems, whilst critiquing other widely held opinions
    • Draws together a range of contributions and commentaries from a cross-section of academics, practitioners and representatives from the judiciary
    • Includes coverage of English law and significant aspects of American and Australian law, providing an overview of different national perspectives on equity
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    Reviews & endorsements

    '[The book] examines modern equity's impact on both private and public administration. Thirteen essays and accompanying commentaries - composed by scholars, practitioners, and jurists from across the former British Empire - reveal modern equity's distinguishing characteristic: its 'facilitative nature' … All told, Equity and Administration offers something for everyone: for fiduciaries and commissioners alike, equity has a role to play.' Harvard Law Review

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    Product details

    • Date Published: May 2016
    • format: Hardback
    • isbn: 9781107142732
    • length: 602 pages
    • dimensions: 229 x 152 x 33 mm
    • weight: 0.97kg
    • contains: 1 table
    • availability: Available
  • Table of Contents

    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
    13. Equity and statute: a commentary Mark Leeming
    14. The equity of the executive: fairness in tax law in nineteenth-century England Chantal Stebbings
    15. The equity of the executive: a commentary John F. Avery Jones
    16. Equity in the modern administrative state William Gummow
    17. Equity in the modern administrative state: a commentary David Feldman
    18. Equity and administrative behaviour Henry E. Smith
    19. Equity and administrative behaviour: a commentary Timothy Endicott
    20. Equity and human rights Lord Walker of Gestingthorpe
    21. Equity and human rights: a commentary Philip Sales
    22. Field, fusion and the 1850s: how an American law reformer influenced the Judicature Act of 1875 Patricia I. McMahon
    23. Field, fusion and the 1850s: a commentary Michael Lobban
    24. Equitable protection of legal professional privilege - a distraction Adrian Zuckerman
    25. Equitable protection of legal professional privilege: a commentary Mike Macnair
    26. Equity's role Matthew Conaglen.

  • Editor

    P. G. Turner, University of Cambridge
    P. G. Turner is University Lecturer in the Faculty of Law, University of Cambridge, and a Fellow of St Catharine's College, Cambridge. He holds undergraduate degrees from the University of Sydney and the University of Cambridge. He has worked as a judicial assistant in the New South Wales Court of Appeal, as a solicitor in Sydney, and as a Legal Officer of the Australian Law Reform Commission.

    Contributors

    P. G. Turner, Guy Newey, Alan Steinfeld, R. C. Nolan, Nicholas Patten, Look Chan Ho, Catherine Addy, Richard Snowden, John H. Langbein, Paul Matthews, J. D. Heydon, Mark Leeming, Chantal Stebbings, John F. Avery Jones, William Gummow, David Feldman, Henry E. Smith, Timothy Endicott, Lord Walker of Gestingthorpe, Philip Sales, Patricia I. McMahon, Michael Lobban, Adrian Zuckerman, Mike Macnair, Matthew Conaglen

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