Equity is traditionally, if imprecisely, regarded as the conscience of the law, but in the literature of common law, emphasis is usually placed on the law of trusts. The role of equity, and its relationship with the common law rules of contract, restitution, and property, are matters on which opinion is sharply divided. This book provides an outline of the basic principles of equity, illustrated by historical and contemporary examples of equity's operation. It considers equity's role in creating different rights and ...
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Equity is traditionally, if imprecisely, regarded as the conscience of the law, but in the literature of common law, emphasis is usually placed on the law of trusts. The role of equity, and its relationship with the common law rules of contract, restitution, and property, are matters on which opinion is sharply divided. This book provides an outline of the basic principles of equity, illustrated by historical and contemporary examples of equity's operation. It considers equity's role in creating different rights and obligations, different remedies, and different procedures from those provided by the common law itself. In doing this, the overriding aim is to delimit equity's modern role and it present relationship with other areas of the law. The book presents a picture of equity's place within the common law, and describes in general terms how and why equity operates as it does.
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