Common Law, Equity and Statute
Author: Mark Leeming
Publisher:
Published: 2023-06-30
Total Pages: 0
ISBN-13: 9781760024574
DOWNLOAD EBOOKRead and Download eBook Full
Author: Mark Leeming
Publisher:
Published: 2023-06-30
Total Pages: 0
ISBN-13: 9781760024574
DOWNLOAD EBOOKAuthor: William Weldon Billson
Publisher:
Published: 1917
Total Pages: 256
ISBN-13:
DOWNLOAD EBOOKAuthor: P. G. Turner
Publisher: Cambridge University Press
Published: 2016-05-26
Total Pages: 601
ISBN-13: 1107142733
DOWNLOAD EBOOKWhat is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Author: David M Wright
Publisher:
Published: 2015-07-29
Total Pages:
ISBN-13: 9780409341300
DOWNLOAD EBOOKThis topical book provides an insightful analysis of the increasing prominance of the statute in AustraliaoÂeÂ(tm)s inherited common law system. It examines the integration of the two sources of law, with specific reference to the operation of claims for damages under the two sources of law and the concept of the equity of the statute. The author addresses how the common law can develop in the current environment and discusses the modern relationship between legislation and judge-made law. Two interlinked themes are presented. First, as most new law is sourced from statute, an understanding of the law of obligations is incomplete without a consideration of how statute is affecting traditional legal obligations. The example of damages under the Australian Consumer Law is analysed in detail. The statutory regime has the potential to render irrelevant significant parts of the traditional law of contract, tort and equity, which traditionally have had detailed remedial schemes. This potential will be examined in the book. The second theme is an investigation of the unification of private and public law and the important role that the Equity of the Statute (via statutory interpretation and analogical reasoning) can play in this development. This book will be of particular relevance to legal practitioners, courts and anyone faced with managing legal matters in the current legal environment, for whom a deep knowledge of the interrelationship of the two sources can inform their approach to private law remedies. It will also engage researchers, legal theorists, scholars and anyone interested in the modern operation of the Australian legal system. Features oÂeo Accessible treatment of complex structure of AustraliaoÂeÂ(tm)s modern legal system oÂeo Highlights the role of statutory interpretation in the common law system oÂeo Offers guidance as to assessment of appropriate remedies Related Title Pearce & Geddes, Statutory Interpretation in Australia, 8th ed, 2014
Author:
Publisher: Martinus Nijhoff Publishers
Published: 2013-10-31
Total Pages: 229
ISBN-13: 9004262202
DOWNLOAD EBOOKQuite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.
Author: Joseph Chitty
Publisher:
Published: 1833
Total Pages: 1020
ISBN-13:
DOWNLOAD EBOOKAuthor: Frederic William Maitland
Publisher:
Published: 1920
Total Pages: 440
ISBN-13:
DOWNLOAD EBOOKAuthor: John C. P. Goldberg
Publisher: Cambridge University Press
Published: 2019-08
Total Pages: 483
ISBN-13: 1108421318
DOWNLOAD EBOOKThe fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author: John Charles Frederick Sigismund DAY (Right Hon. Sir.)
Publisher:
Published: 1863
Total Pages: 638
ISBN-13:
DOWNLOAD EBOOKAuthor: Joseph Chitty
Publisher:
Published: 1836
Total Pages: 620
ISBN-13:
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