Category Archives: Equity

Adam Walton, ‘Accessory liability in equity: the case for unconscionability’

Abstract An article examining whether, amidst the huge transformation accessory liability has undergone over the past 25 years, dishonesty has been correctly identified as the touchstone of liability. Tracing the development, doctrinal underpinnings, and how the law is applied in practice, this article makes the case that unconscionability, not dishonesty, is the most appropriate touchstone […]

Mark Pawlowski, ‘Undue Influence: Towards A Unifying Concept Of Unconscionability?’

Abstract The article argues for an assimilation of the related doctrines of undue influence and unconscionable dealings under one common umbrella of unconscionability. The interrelationship between unconscionable bargains and undue influence under English law is considered in some detail, as well as developments in other Commonwealth jurisdictions, notably, in Canada, Australia and New Zealand. After […]

Thomas Simmons, ‘A Will for Willa Cather’

Abstract Artists hold their creative works dear: whether paintings, poems, or songs, their human creators treat them with special care and often desire that same care be exercised after death. Directing particular uses of property from the grave can be met with several objections. The objections sound in alarmist responses to ‘dead hand control’ and […]

Gordon, Gorman and Benediktsson, ‘May You Litigate in Interesting Times: Specific Performance, Mitigation, and Valuation Issues in a Rising (or Falling) Market’

Abstract This article provides practical insight and strategic guidance regarding how to properly structure the prosecution or defence of a claim in a rising and falling market, and what expert and fact evidence is necessary. First, the article discusses the threshold required to be awarded specific performance and how courts have interpreted Semelhago’s ‘uniqueness’ test, […]

Julian Velasco, ‘The Diminishing Duty of Loyalty’

Abstract Fiduciary duties comprise an integral part of corporate law. It is generally understood that directors owe the corporation and its shareholders two fiduciary duties: the duty of care and the duty of loyalty. Although both duties are firmly established in corporate law, they are not treated equally. It is generally understood that the duty […]

Paul Davies, ‘Being specific about specific performance’

Conclusion The traditional position that each parcel of land is unique, such that specific performance of contracts for the sale of land will be granted as a matter of course, should be maintained in English law. Ditching the established position in favour of the Canadian approach would only generate uncertainty, litigation, and a revision of […]

‘Sherman on Cy-Près’

‘Caroline R Sherman, Catholic University of America, has published The Uses of the Dead: The Early Modern Development of Cy-Pres Doctrine with the Catholic University of America Press. From the publisher: “Cy-près doctrine, which allows the purpose of a failing or impractical charitable gift to be changed, has been understood since the eighteenth century as […]

Darryn Jensen, ‘Constructive Trusteeship: The Perils of Statutory Formulae’

Abstract This paper evaluates the provisions concerning constructive trusteeship in Trusts Act 1994 (Marshall Islands) and makes more general observations about the roles of constructive trusts in litigation involving trustees’ breaches of duty, the roles of statute law and the risk inherent in attempts to express complex and multi-faceted private law concepts in statutory formulae. […]

Call for Papers: Modern Studies in the Law of Trusts and Wealth Management: Supreme Court, Singapore, 1-2 August 2019

The theme of the conference is ‘Asian Wealth and the Global Context’. Like its predecessors, the conference will focus on current developments and challenges facing trust law and wealth management in the contemporary political climate, with particular emphasis on the issues raised by the growth of Asian wealth, and the global context in which that […]

Just published: The Impact of Equity and Restitution in Commerce (Devonshire and Havelock eds)

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the […]