Equity

A Course of Lectures

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Author: F. W. Maitland,A. H. Chaytor,W. J. Whitaker

Publisher: Cambridge University Press

ISBN: 9780521176507

Category: Law

Page: 368

View: 6340

The lectures given in Cambridge between 1888 and 1906 by the Downing Professor of the Laws of England, F. W. Maitland.

Gewinnhaftung bei Verletzung von Treuepflichten

eine rechtsvergleichende Untersuchung zum englischen und deutschen Recht

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Author: Konrad Rusch

Publisher: Mohr Siebeck

ISBN: 9783161481345

Category: Law

Page: 299

View: 9906

English summary: Gain-based damages for wrongdoing are widely discussed in English law. In German law, this issue is only dealt with in scattered provisions which lack a coherent doctrinal basis. This is most evident in the category of fiduciary relationships. In a comparative analysis, Konrad Rusch develops general rules on gain-based damages for breach of fiduciary duty in German law. German description: Wer durch Verletzung eines fremdes Rechts einen Gewinn erzielt, soll diesen nicht behalten durfen. Die Gewinnhaftung tragt diesem Gedanken Rechnung und zwingt den Rechtsverletzer zur Herausgabe des Gewinns an den Inhaber des verletzten Rechts. In England ist diese Rechtsfolge Gegenstand umfangreicher Rechtsprechung und wissenschaftlicher Diskussion. In einigen Fallgruppen ist die Gewinnhaftung fest etabliert, insbesondere in der Fallgruppe der Treuepflichtverhaltnisse. Wer seine als Treuhander, Beauftragter oder Geschaftsfuhrer geschuldeten Treuepflichten verletzt, etwa durch die Annahme von Schmiergeldern oder unerlaubte Konkurrenzgeschafte, muss die erzielten Gewinne abfuhren. In Deutschland ist die Gewinnhaftung dagegen nur vereinzelt geregelt und dogmatisch bisher wenig aufbereitet. Dies gilt in besonderem Masse fur die Treuepflichtverhaltnisse. Konrad Rusch entwickelt vor dem Hintergrund des englischen Rechts eine einheitliche Kategorie der Treuepflichtverhaltnisse und arbeitet allgemeine Grundsatze der Gewinnhaftung bei Verletzung von Treuepflichten heraus.

Fault Lines in Equity

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Author: Jamie Glister,Pauline Ridge

Publisher: Bloomsbury Publishing

ISBN: 1847319432

Category: Law

Page: 300

View: 4996

Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.

Equity

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Author: Sarah Worthington

Publisher: OUP Oxford

ISBN: 0191018619

Category: Law

Page: 400

View: 9493

This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.

Faith and Order

The Reconciliation of Law and Religion

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Author: Harold J. Berman

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802848529

Category: Religion

Page: 427

View: 9471

This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.

Essays in Law and History

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Author: Sir William Searle Holdsworth,Arthur Lehman Goodhart,Harold Greville Hanbury

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1886363137

Category: Law

Page: 302

View: 4407

Holdsworth, William S. Essays in Law and History. Edited by A.L. Goodhart and H.G. Hanbury. Oxford: At the Clarendon Press, 1946. xv, 302 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN 99-047234. ISBN 1-886363-13-7. Cloth. $75. * This volume collects seventeen essays the great legal scholar wrote over the course of his very prolific career. Topics chosen include martial law, the English constitution, case law, equity, trusts, libel, law reporting in the nineteenth- and twentieth-centuries, contract and land law, among others. "The constitutional historian, the international lawyer, the real property expert, the common law practitioner, the civilian and even the general reader will each find something to his address. It is a book to browse and enjoy at leisure.": Law Quarterly Review 64:120-2. The book concludes with a table of cases and name and general indexes.

The Stewardship of Wealth

Successful Private Wealth Management for Investors and Their Advisors

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Author: Gregory Curtis

Publisher: John Wiley & Sons

ISBN: 1118421639

Category: Business & Economics

Page: 464

View: 8333

Indispensable advice for building a lasting financial legacy Building wealth is hard to do, but maintaining that wealthacross generations is even more challenging. In The Stewardshipof Wealth: Successful Private Wealth Management for Investors andTheir Advisors + Website, wealth advice expert Gregory Curtisreveals the investment secrets of the world's wealthiest families,so that financial planners, fund managers, and wealthy individualseverywhere can follow in their footsteps. Outlining the bestpractices for preserving and growing wealth, the book detailsexactly how to build a lasting financial legacy in the face oftaxes, inflation, investment costs, and the conflicts of interestthat are endemic to the financial advisory business. Wealthy families are at the very heart of America'sexceptionalism, of the vigor, resilience, and creativity that havemade the U.S. the most successful nation in history. TheStewardship of Wealth's discusses the crucial role privatewealth continues to play in America's remarkable economic andcultural success and the issues wealthy families and their advisorsface, presenting a step-by-step guide to better managing liquidwealth. Reveals the wealth management strategies employed by America'swealthiest families and their financial managers Explores the challenges to ensuring that money stays in thefamily, from portfolio design to manager selection to monitoringinvestment performance, and much more Details the essential steps for ensuring a lasting financiallegacy An examination of the key issues involved in managing privatewealth, especially for affluent families, The Stewardship ofWealth + Website is the ultimate guide to building afinancial legacy that will last.

Aristotle and Natural Law

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Author: Tony Burns

Publisher: A&C Black

ISBN: 1441199195

Category: Philosophy

Page: 224

View: 4652

Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Women, Murder, and Equity in Early Modern England

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Author: Randall Martin

Publisher: Routledge

ISBN: 1135899444

Category: Literary Criticism

Page: 300

View: 8460

This book presents the first comprehensive study of over 120 printed news reports of murders and infanticides committed by early modern women. It offers an interdisciplinary analysis of female homicide in post-Reformation news formats ranging from ballads to newspapers. Individual cases are illuminated in relation to changing legal, religious, and political contexts, as well as the dynamic growth of commercial crime-news and readership.

The Constitutional History of England

A Course of Lectures

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Author: Frederic William Maitland

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771488

Category: History

Page: 547

View: 2277

Maitland, Frederic William. The Constitutional History of England. A Course of Lectures Delivered. Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-068895. ISBN 1-58477-148-8. Cloth. $95. * Although Maitland reportedly never desired these lectures to be published, they have long been regarded by scholars as among the best of introductions to the subject. They cover the period from 1066 to the end of the nineteenth century, but rather than a narrative historical format, focus on describing the work of the constitution during five distinct periods in English history (1307, 1509, 1625, 1702, 1887). The lectures were delivered in the winter of 1887 and spring of 1888, and provide an entry to some of the major concepts he later expounded on in his seminal work written with Sir Frederick Pollock, The History of English Law. This volume was compiled and edited two years after Maitland's death by one of his students, Herbert A.L. Fisher. Marke, A Catalogue of the Law Collection at New York University (1953) 367.

A Systematical View of the Laws of England

As Treated of in a Course of Vinerian Lectures, Read at Oxford, During a Series of Years, Commencing in Michaelmas Term, 1777

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Author: Richard Wooddeson

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 324

Equity and Trusts

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Author: Alastair Hudson

Publisher: Routledge

ISBN: 0415682320

Category: LAW

Page: 1346

View: 3690

"Alastair Hudson's Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject through which the author's enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging.Beginning with the core principles, Professor Hudson reinforces the key points by means of clear examples throughout each chapter, helping students to build and develop their own knowledge of equity and trusts. A set of lively, discursive essays reflecting on the law then begin to outline the broader political, social and economic context of the subject and encourage the reader to begin to engage with their own critical analysis. Although aimed at Students, Alastair Hudson is also the author of a practitioner text and brings that experience and detail to Equity and Trusts, which has now come to be cited in courts across different jurisdictions.The seventh editionis supported by a companion website which includes:over 50 short podcast lectures by the author discussing and clarifying key topics from within the book, which cover an entire course; a set of brief video documentaries filmed on location which provide context and bring to life selected key topics; a brief introductory video presentation from the author introducing the viewer to the subject of Equity and Trusts and to the book in particular"--