Mark Leeming, ‘The Role of Equity in 21st Century Commercial Disputes – Meeting the Needs of Any Sophisticated and Successful Legal System’

ABSTRACT
Why is equity a desirable and essential element of commerce and commercial litigation? This article responds to concerns sometimes expressed that equity has little to do with commerce, that contractual disputes do not involve equitable principle and that introducing equitable principles into commerce and commercial litigation leads to uncertainty. This article also addresses the definitional and semantic difficulties inherent in those concerns.

Leeming, Mark, The Role of Equity in 21st Century Commercial Disputes – Meeting the Needs of Any Sophisticated and Successful Legal System (2019) 47 Australian Bar Review pp 137-158; Sydney Law School Research Paper #19/54.

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