Equity
Conscience Goes to Market
- Publisher's listprice GBP 110.00
-
49 665 Ft (47 300 Ft + 5% VAT)
The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.
- Discount 10% (cc. 4 967 Ft off)
- Discounted price 44 699 Ft (42 570 Ft + 5% VAT)
Subcribe now and take benefit of a favourable price.
Subscribe
49 665 Ft
Availability
printed on demand
Why don't you give exact delivery time?
Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.
Product details:
- Publisher OUP Oxford
- Date of Publication 13 December 2018
- ISBN 9780198766773
- Binding Hardback
- No. of pages236 pages
- Size 242x164x19 mm
- Weight 524 g
- Language English 0
Categories
Short description:
The law of equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. By exploring the general principles that underlie equity's intervention in the common law, this book argues that equity should be preserved as a separate body of law that aims to align moral and legal duties in private law.
MoreLong description:
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Irit Samet's Equity develops a novel and philosophically rich interpretation of the body of law originating in the English Court of Chancery ... known as 'Equity'.
Table of Contents:
Equity's Own Room
Proprietary Estoppel: On the Conscionability and Efficiency of Pre-contractual Negotiations
Fiduciary Law as Equity's Child
On Clean, Soiled, and Spattered Hands
Conclusion
Appendix: On Moral Truths and How Judges Find Them
