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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.
Accessibility Information
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- Conforms with the requirements of EPUB Accessibility Spec v1.1
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- WCAG v2.2 compliant
- accessibility@bloomsbury.com
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The publication contains no hazards
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Table of Contents
2. The Old Legal Fictions before 1760
3. Equity 1760–1875
4. Law and Equity after the Judicature Acts
5. Supposed Restraints on Judicial Change
6. Legislation
7. The Temptation of Elegance
8. Conclusion
Appendix A – Equity in English Law
Appendix B – Mistake and Unfairness in Contract Law
Appendix C – The Modern History of Remedies for Breach of Contract
Appendix D – Good Faith in the Supreme Court of Canada
Product details
| Published | Apr 15 2027 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 256 |
| ISBN | 9781509976034 |
| Imprint | Hart Publishing |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
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