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SSRN Electronic Journal, 2006
In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before ...
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In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before ...
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1. The Equity of the Law: Law and Equity since Justinian
2014The author intends to show first how the civil law lost the dual structure of classical Roman law and secondly how it came to introduce a ban on an equitable review of the law. By the continuous interaction between 'law' and 'equity', Roman law attained an impressive flexibility, supervised and controlled by the praetor, who developed a complex system ...
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SSRN Electronic Journal, 2020
With the merger of law and equity almost complete, the idea of equity as a special part of our legal system or a mode of decision-making has fallen out of view. This Article argues that much of equity is best understood as performing a vital function.
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With the merger of law and equity almost complete, the idea of equity as a special part of our legal system or a mode of decision-making has fallen out of view. This Article argues that much of equity is best understood as performing a vital function.
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Israel Law Review, 1987
In its judgment concerning the frontier dispute between Burkina Faso and the Republic of Mali (1986), the Chamber ot the International Court of Justice (I.C.J.) summarized its opinion on the applicability of equity as follows:It is clear that the Chamber cannot decideex aequo et bonoin this case. Since the Parties have not entrusted it with the task of
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In its judgment concerning the frontier dispute between Burkina Faso and the Republic of Mali (1986), the Chamber ot the International Court of Justice (I.C.J.) summarized its opinion on the applicability of equity as follows:It is clear that the Chamber cannot decideex aequo et bonoin this case. Since the Parties have not entrusted it with the task of
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SSRN Electronic Journal, 2016
The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
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The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
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2017
While the legal concept of “equity” as a body of rules is routinely employed in a number of fields of international law relevant to the management of water resources and the supply of water services, including international environmental law and international human rights law, it is absolutely central to international water resources law, i.e. the body
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While the legal concept of “equity” as a body of rules is routinely employed in a number of fields of international law relevant to the management of water resources and the supply of water services, including international environmental law and international human rights law, it is absolutely central to international water resources law, i.e. the body
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Practising Equity, Addressing Law. Equity in Law and Literature
2008This volume collects 23 papers from an eponymous May 2007 international conference held in Verona, Italy, on the concept of equity as it appears in law and in literature in legal, ethical, linguistic, and literary manifestations. Topics include linguistic analysis of the terms "equity," "equitable," and "just;" Platonic understandings of equity as an ...
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2020
Abstract This chapter argues that implicit in the idea that equity intervenes to prevent persons from inequitably standing on or opportunistically exploiting their legal rights is a remedial conception of equity, according to which its distinctiveness issues from the way it corrects for injustices arising from the strict application of ...
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Abstract This chapter argues that implicit in the idea that equity intervenes to prevent persons from inequitably standing on or opportunistically exploiting their legal rights is a remedial conception of equity, according to which its distinctiveness issues from the way it corrects for injustices arising from the strict application of ...
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2018
Laws are intended to achieve justice, but the application of an otherwise just law may yield an injustice in the circumstances of a particular case. This is because laws are framed in terms of general rules which cannot adequately provide in advance for all possible variations in relevant circumstances.
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Laws are intended to achieve justice, but the application of an otherwise just law may yield an injustice in the circumstances of a particular case. This is because laws are framed in terms of general rules which cannot adequately provide in advance for all possible variations in relevant circumstances.
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