Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pftt2 Total loading time: 0 Render date: 2024-05-06T11:27:19.370Z Has data issue: false hasContentIssue false

8 - Are Equity and Law in Scotland Fused, Separate or Intertwined?

from Part I - Legal Systems and Legal Institutions

Published online by Cambridge University Press:  26 July 2019

John C. P. Goldberg
Affiliation:
Harvard Law School, Massachusetts
Henry E. Smith
Affiliation:
Harvard Law School, Massachusetts
P. G. Turner
Affiliation:
University of Cambridge
Get access

Summary

This chapter enquires into the nature of equity in Scotland. It compares and contrasts equity there with equity in England and common law systems. English equity has influenced Scottish law variously: sometimes through the English judges in the House of Lords stating that the law in Scotland must be the same as in England (when it might not have been so), sometimes through a willing adoption by Scottish judges of English equitable concepts. Some English equity sits awkwardly, if at all, in Scots law because the concepts clash: the concept of dominium, for example, is difficult to square with the concept of equitable ownership in a beneficiary of a trust. However, while equity in England and Scotland are different from one another, Scottish law does possess equity. The chapter explores how separate equity is from Scots common law, concluding that it is conceptually separate but legally intertwined with the common law.

Type
Chapter
Information
Equity and Law
Fusion and Fission
, pp. 179 - 200
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×