Benjamin Mak, ‘Forging the future of fusion’

Abstract:
What does it mean to say that common law and equity should be fused? Common law jurisdictions have wrestled with these questions ever since the Judicature Acts were passed in England in the 19th century. This article offers a contemporary perspective on what this question might mean by reference to a concrete discussion of three issues at the interface of common law and equity: (i) contractual interpretation, (ii) tracing, and (iii) liability for dishonest assistance. Drawing on recent developments in legal philosophy and physics, this article concludes by offering a broader interdisciplinary perspective on the question of fusing law and equity.

Benjamin Mak, Forging the future of fusion. Trusts and Trustees (2015), doi: 10.1093/tandt/ttv202. First published online: November 25, 2015.

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