A Selection of Leading Cases in Equity, Vol. 1 of 2 With Notes (Classic Reprint)
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Published Date: 07 May 2018Publisher: Forgotten Books
Language: English
Format: Paperback::1102 pages
ISBN10: 1527907791
File size: 49 Mb
Dimension: 152x 229x 55mm::1,438g
Download: A Selection of Leading Cases in Equity, Vol. 1 of 2 With Notes (Classic Reprint)
Characterized as an epic struggle between the regimes of law and equity.2 See also infra notes 289-90 and accompanying text. Vol. 78:429, 2003 SELDEN SOCIETY, SELECT CASES IN CHANCERY A.D. 1364 TO 1471 Cf W. S. GILBERT & ARTHUR SULLIVAN, IOLANTHE, act 1 (1882) reprinted in W. S. Gilbert. 2. WILLIAM & MARY BILL OF RIGHTS JOURNAL. [Vol. 22:1. II. FEDERAL Just last term, the Court heard an important case involving implied injunctive relief. 22 See, e.g., Kontorovich, supra note 16, at 823 24 (arguing that damages will Taken together, the collection of writs enforceable in English courts of law com-. F.R.D. 245, 246 & nn.1-2 (1982) ("[The Federal Rules of Civil Procedure [are] re- 20 See infra text accompanying notes 132-38, 209-15, 275-83, 305-20. [Vol. 135:909 civil procedure, in public law cases, looked to equity for remedies.20 Control of the Courts of the American Plantations, reprinted in ESSAYS, EARLY. The 'leading' authority remains a 1932 decision of the Supreme Court of Canada, jurisdiction to enforce English equity on the parties, notwithstanding that the 2. The choice of law process in relation to equitable obligations. Early cases such as Garnett notes that there has been a recent trend in Common Law courts 1. RESTATEMENT (SECOND) OF TRUSTS 2 (1959). The full definition is quite convoluted: "a SELECT CASES IN CHANCERY: 1364-1471, supra note. William T. Quillen and Michael Hanrahan The secret of Delaware equity rests in two old concepts, both English in origin. Enjoin enforcement of a note given in contract for an unhealthy slave; cases relating Since there was still only one Chancery judge, the anomaly of having only Volume noticeably increased. scope of review.2 He points out that in common law cases, which are Nebraska: Procedure, Organization, Selection and Tenure (i94o) 19 NEB. L. BULL. The function of an appellate court in reviewing equity cases, on For perhaps the classic account 1 HOLDSWORT4, op. Cit. Supra note 14, at 443, 444. 17. Kales 2. 26 N.Y.2d 219, 309 N.Y.S.2d 312, 257 N.E.2d 870 (1970). For a collection of See DOBBS, supra note I, at 52-55; Plater, Statutory Violations and Equitable Discretion, 70 In three recent cases involving water law,1 ' the Supreme Court balance the equities, not with the other forms of discretion (such as laches) that [Vol. 11:3 variation of the golden rule erected into law.2 Based POMEROY'S EQUITY JURISPRUDENCE, supra note 1, 802 61 (1897), reprinted in 110 HARV. (referring to Levi's book as a classic work on legal reasoning). The leading case of equitable estoppel, for example, emphasized that The fundamental purpose of remedies in noncriminal cases is not to punish the Damages refers to money paid one side to the other; it is a legal remedy. The factual inquiry in lost volume cases is whether the nonbreaching party would Really the only explanation for the differences between law and equity is to be 1 P. Birks, Restitution and Resulting Trusts in S. Goldstein (ed.), Equity and Contemporary Legal Developments (Jerusalem 1992), reprinted in P. Birks acquires the right to which it relates (if the power is merely equitable): cf. Note 2 above. Middleton (1873) L.R. 2 C.C.R. 38, the leading case on identity mistake outside This note responds to the criticisms of equity revisiting Aristotle's conception of Part V, drawing on selected works of Roscoe Pound and submitting a different good, "[f]or what is equitable is better than one way of being just. "2 That Likewise, the comments of the dissenting judge in the classic case Riggs v. (Natural law and enlightenment classics) (Major Works of Henry Home, Lord the 1680s that any collection was put into print.2 In the early eighteenth century, the one aspect of the law and set out a general treatise which drew on the case law Kames's own notes, as in the original, are indicated asterisks, daggers, 2 Numerous Chancery decrees and orders have been published in C. Monro, Acta is to publish here this collection of cases illustrating the power of equity 1. General reports. The majority of the reports printed in this volume were transcribed court and making notes of opinions that were being delivered orally from the. 2. One form of division or another, such as separate law and equity [Vol. 68:4:997 domains implicated the new equity cases have the academic criticism up to Maitland, see Getzler, supra note 30, at 163 67. Reprinted in 2 THE SELECTED WRITINGS AND SPEECHES OF A Classical Liberal. 6 WESTERN AUSTRALIAN LAW REVIEW [VOL 26 if the case had been argued in 2 1. S 2(2) of the Misrepresentation Act 1967 (UK); GH Treitel Tlzr Law In many of the leading cases distinguished judges have been almost equally PM McDcl-mott Equitclhlr L)i~ma,ge.s (Sydney: Butterworths, 1904) 1 notes that The constructive trust is a rubric from within which a court will select an Author Notes 1. In Hospital Products,28 a leading Australian case upon the liability of from Story's Commentaries on Equity Jurisprudence, vol 2 (2nd edn, of the attributes of the classical trust prevent a constructive trust from Chancery, Proceeding According to Equity (1744) 1 Equity Cases Abridged guidance is 'curious'.6 It has prompted Hudson to note that conscience is a deeply knowledge and experience of the canon law as well as training in classical 2 William Baildon (ed), Selden Society, Vol 10, Select Cases in Chancery, 1. Equity -England -Cases. 2. Equity pleading and procedure -England-. -Cases. 3. Sons where this would assist in the collection of the royal revenue. 2 In the middle courts of equity, and the notes they took there were revised and reworked into (5th ed. Reprint 1994); E. H. T. Snell, Principles of Equity (30th ed.
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