Equity - Conscience Goes to Market

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.

List of contents

• 1: Equity's Own Room


• 2: Proprietary Estoppel: On the Conscionability and Efficiency of Pre-contractual Negotiations


• 3: Fiduciary Law as Equity's Child


• 4: On Clean, Soiled, and Spattered Hands


• 5: Conclusion


• Appendix: On Moral Truths and How Judges Find Them

About the author

Irit Samet is a reader in private law at The Dickson Poon School of Law, King's College London, where she teaches property, equity and trusts, and the theory of property. She read law and philosophy in Israel, and completed her doctorate at the University of Oxford. Her main research interests lie in the areas of equity, property law, theory of private law, and ethics.

Summary

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.

Additional text

Samet's book is excellent. It deserves to be widely read. Developing an interpretive theory of equity is no easy task, recognizing just how far equitable jurisdiction reaches across substantive fields, how variegated are its progeny, and how wide are the differences in doctrine and institutional culture that characterize equity traditions around the world. Samet proves more than equal to the challenge, and her book should serve as a source of inspiration for equity scholars in years to come.

Product details

• Authors: Irit Samet, Irit (Reader in Private Law Samet, Samet Irit
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.12.2018
• EAN: 9780198766773
• ISBN: 978-0-19-876677-3
• No. of pages: 236
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Social sciences, law, business > Law > International law, foreign law; LAW / Administrative Law & Regulatory Practice, LAW / Jurisprudence, LAW / Legal Services, LAW / Living Trusts, Ethical issues & debates, Ethical issues and debates, Legal system: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Legal systems: general, Equity & Trusts, Law: equity and trusts, foundations