Philip Sales, ‘The Interface between Contract and Equity’

“… For my lecture, I have chosen the topic of the interface between contract and Equity. This is, of course, a very large area. My focus will be on substantive legal obligations rather than remedies. So I will not be attempting to deal with the topics of specific performance and injunctive relief, interesting though they undoubtedly are. Equity and contract are two of the great intellectual traditions of the common law, using that term in its expansive rather than narrow technical sense. It is important to emphasise that they are traditions. They change over time as social conditions and needs change, and as the understandings of lawyers adapt in the light of those changes. The common law is itself a sort of overarching tradition, in which Equity and contract are nested. The way these traditions hang together is not a simple matter. Equity has one trajectory and contract has its distinct trajectory. In significant ways they tend to promote different values …” (more)

Lord Sales, Justice of the Supreme Court of The United Kingdom, ‘The Interface between Contract and Equity’. Lehane Memorial Lecture, Sydney, 28 August 2019.

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