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Relevant bibliographies by topics / Equitable remedies – england

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Academic literature on the topic 'Equitable remedies – england'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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Journal articles on the topic "Equitable remedies – england"

1

Vassileva, Radosveta, and Catherine Pédamon. "Contractual Performance in COVID-19 Times: Does Anglo-French Legal History Repeat Itself?" European Review of Private Law 29, Issue 1 (2021): 3–38. http://dx.doi.org/10.54648/erpl2021002.

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The Severe Respiratory Syndrome Coronavirus 2 (COVID-19) pandemic has dealt a universal challenge to contractual performance, but legal systems have responded differently. In this article, we focus on two jurisdictions with distinct paths of development – England and France – to examine if they have drawn from their own legal history to craft solutions to this challenge and to consider if either has bettersuited tools to address it. Notably, the UK has refrained from intervening in the area of contract law, thus relying on long-standing common law doctrines and equitable remedies, while, in Fr

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Taha Talukder, Abtahee Muhammad. "Concept of Specific Performance and the Rights of Plaintiff Claiming it under the Specific Relief Act, 1877." South Asian Law Review Journal 08 (2022): 147–57. http://dx.doi.org/10.55662/salrj.2022.806.

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Specific performance of the contract is one of the equitable remedies developed in the Courts of Equity in England. The Court grants it by exercising its discretionary power. The Specific Relief Act, 1877 contains the cases where, and how specific performance will be granted and who will be entitled to claim the same. Since it has arose from the Law of Equity, the Court remains cautioned in applying discretion during scrutiny of the fact and circumstance so that neither the plaintiff nor the defendant has to face injustice. The aim of this paper is to understand the concept of specific perform

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Books on the topic "Equitable remedies – england"

1

Financial Remedies. Jordans Publishing Limited, 2017.

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Texts, Cases and Materials on the Law of Trusts and Equitable Remedies. Sweet & Maxwell, 2015.

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Hayton and Mitchell Commentary and Cases on the Law of Trusts and Equitable Remedies. Sweet & Maxwell, 2010.

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4

Virgo, Graham. The Principles of Equity & Trusts. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854159.001.0001.

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The Principles of Equity & Trusts offers a distinctive approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates both Equity and trust doctrine and also theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of nine parts. Part I considers the hi

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Virgo, Graham. The Principles of Equity & Trusts. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804710.001.0001.

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The Principles of Equity & Trusts offers a new approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates both Equity and trust doctrine and also theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of nine parts. Part I considers the history an

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6

Calnan, Richard. Proprietary Rights and Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198759386.001.0001.

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This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from

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Book chapters on the topic "Equitable remedies – england"

1

Watt, Gary. "16. Equitable maxims, doctrines, and remedies." In Trusts & Equity. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192869630.003.0016.

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In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter consider

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2

Watt, Gary. "16. Equitable maxims, doctrines, and remedies." In Trusts & Equity. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854142.003.0016.

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In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter consider

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3

Watt, Gary. "16. Equitable maxims, doctrines, and remedies." In Trusts & Equity. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804697.003.0016.

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Abstract:

In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter consider

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4

Watt, Gary. "20. Equity: doctrines and remedies." In Equity & Trusts Law Directions. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198804703.003.0020.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, the leading cases on equitable doctrines and remedies are very old. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied by the unified Supreme Court of England and Wales. This chapter looks at particular doctrines and remedies that have bee

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5

Watt, Gary. "20. Equity: doctrines and remedies." In Equity & Trusts Law Directions. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869382.003.0020.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, the leading cases on equitable doctrines and remedies are very old. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied by the unified Supreme Court of England and Wales. This chapter looks at particular doctrines and remedies that have bee

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6

Mallon, Christopher, Shai Y. Waisman, and Ray C. Schrock. "Giving Effect to Debt Compromise Arrangements–Binding The Minority or out of The Money Classes of Creditors." In The Law and Practice of Restructuring in the UK and US. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755395.003.0006.

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When it comes to remedies at a pre-insolvency proceeding stage, it can be said that England and the US are two countries separated by a common law. In particular, the hardening of common law and equitable rules into clear statements that could be set out in a text book in the nineteenth century in England does not appear to have been replicated to the same extent in the US. England has a strict system of precedent and very clear notions of equitable doctrines and statutory interpretation, whereas the US has a looser approach.

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7

"The Current Legal Framework Relating To Directors." In Company Directors: Duties, Liabilities, and Remedies, edited by Simon Mortimore. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754398.003.0003.

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This work attempts to state the law of England and Wales relating to the duties and liabilities of directors of companies, both civil and criminal. The most important elements of the legal framework affecting these matters are the company’s constitution and the Companies Act 2006, but particular aspects of a director’s conduct may engage other statutory provisions (eg Insolvency Act 1986 or criminal legislation). Common law rules and equitable principles provide the background that informs the interpretation of the legislation and the assessment by the court of a director’s conduct. Also relev

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McGrath, Paul. "Jurisdiction." In Commercial Fraud in Civil Practice, 2nd ed. Oxford University PressOxford, 2014. https://doi.org/10.1093/9780199645992.003.0025.

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Abstract This chapter examines the rules of English conflict of laws that determine whether English courts assert jurisdiction in commercial fraud disputes. It identifies three principal jurisdictional bases: the defendant’s connection to England, the location of events giving rise to the dispute, and the need to grant pre-emptive relief in support of foreign proceedings. The chapter explains how courts establish substantive jurisdiction under the Brussels I Regulation and common law, especially in relation to co-defendants or specific claims such as tort or contract. It addresses challenges i

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Struthers, Alison. "Education, Austerity and the COVID-19 Generation." In Pandemic Legalities. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529218916.003.0012.

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This chapter will discuss the stratified effects of COVID-19, and the responses to it, within the formal education sector in England based principally on socio-economic factors, with other social categorisations, including ethnic origin and disability, being discussed where relevant. It begins by considering the impact of the 2008 economic crash upon the education sector. How did the age of austerity affect schools more generally, and pupils from disadvantaged backgrounds in particular? Consideration will then be given to why this matters during the current global pandemic, and how the respons

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Davies, Paul S., and Graham Virgo. "7. Constructive Trusts." In Equity & Trusts. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198821830.003.0007.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on constructive trusts, which arise by operation of law without regard to the intentions of the parties. They are triggered by a defendant’s unconscionable conduct; however, in some cases, a constructive trust will be recognized even though the defendant has not acted unconscionably, such as the constructive trust that arises once a contract to sell land has been made. A remedial constructiv

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