Abstract

What does it mean to say that common law and equity should be fused? Common law jurisdictions have wrestled with these questions ever since the Judicature Acts were passed in England in the 19th century. This article offers a contemporary perspective on what this question might mean by reference to a concrete discussion of three issues at the interface of common law and equity: (i) contractual interpretation, (ii) tracing, and (iii) liability for dishonest assistance. Drawing on recent developments in legal philosophy and physics, this article concludes by offering a broader interdisciplinary perspective on the question of fusing law and equity.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.