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Landmark Cases in Equity

Editor(s): Charles Mitchell, Paul Mitchell
Media of Landmark Cases in Equity
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Published: 06-07-2012
Format: Hardback
Edition: 1st
Extent: 750
ISBN: 9781849461542
Imprint: Hart Publishing
Series: Landmark Cases
Dimensions: 234 x 156 mm
RRP: £170.00
Online price : £153.00
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Loren Epson

About Landmark Cases in Equity

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


“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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