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Continuity and Change in Private Law

The Equitable Perspective

Continuity and Change in Private Law cover

Continuity and Change in Private Law

The Equitable Perspective

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Pre-order. Available Apr 15 2027
$108.00 RRP $120.00 Website price saving $12.00 (10%)

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Description

A unique blend of legal history and private law combine to answer the question; when can private law be changed?

This question is at the core of this book. It shows how those jurisdictions that have adopted the UK Judicature Act 1873, can use changes to achieve fairness. Viewing the question through this equitable prism, the book charts the limitation that, where equity is the reason for change, only the minimum change is justified. Notwithstanding this, it argues that judges have a distinct advantage in ushering change as they are better equipped to identify inequities. Uniquely balancing equity and legal history, this book provides a fascinating approach to assessing the role of change in private law.

Table of Contents

1. Introduction
2. Old Legal Fictions
3. Equity, 1760-1875
4. The Supposed Restraints on Legal Change
5. Legislation
6. Law and Equity after the Judicature Acts
7. The Temptation of Elegance
8. Conclusion

Product details

Published Apr 15 2027
Format Hardback
Edition 1st
Pages 160
ISBN 9781509976027
Imprint Hart Publishing
Dimensions 9 x 6 inches
Series Hart Studies in Private Law
Publisher Bloomsbury Publishing

About the contributors

Author

Stephen Waddams

Stephen Waddams was a Professor of Law at the Univ…

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