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Fusion of Equity and the Common Law - PHDessay.com
https://phdessay.com/fusion-or-no-fusion-of-equity-and-the-common-law-at-a-substantive-level/
Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts, there has been a lot of controversy over whether to fuse both equity and common law. There are valid arguments both for and against fusion. Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created …
Tracing Assets: A Case for the Fusion of Common …
https://www.jstor.org/stable/1094021
impelled to ask, has equity imposed this requirement? The reason, it is believed, can be traced to the once divided jurisdiction of the Common Law and the Chancery courts. Before the fusion in 1878 of the two by the Judicature Acts they existed as separate and distinct courts, and the fiduciary obligation, it
TRACING ASSETS: A CASK FOR THE FUSION OF …
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-2230.1971.tb02309.x
FUSION OF COMMON LAW AND EQUITY IN EINGLISH LAW* THE relation of common law to equity with regard to the tracing of assets is far from being simple. The remedies available for tracing are, regrettably, still plagued by the continued significance of the different rules at common law and in equity. It is intended in this
Fusion or no fusion of equity and the common law at a …
https://lawaspect.com/fusion-no-fusion-equity-common-law-substantive-level/
Another reason for fusion is that Equity allows judges to depart from common law and statutes in order to create new law. With Parliament being sovereign the idea of unelected judges creating law is undemocratic. Without the power to use Equity to depart from Common Law judges would be more accountable to parliament. If Equity and Common Law were both fused then the …
1 - Fusion and Theories of Equity in Common Law Systems
https://www.cambridge.org/core/books/equity-and-law/fusion-and-theories-of-equity-in-common-law-systems/C7B2AC8E63E8B9AE15A436D5CBD2ECBB
But fusion is a prominent theme in equity today: it has become the means by which lawyers access the fundamental questions presented by equity in common law systems. What is the place of equity? Is it certain or open-ended? And so on. This chapter considers how a modern lawyer can best approach those questions. A wider perspecitve on fusion is needed than has …
Fusion and Theories of Equity in Common Law Systems
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3253606
The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to ...
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
The fundamental idea behind the law of tracing is that sometimes, for certain legal purposes, one asset stands in the place of another. A claim which could have been made in relation to the original asset is allowed in relation to the new asset. Accordingly, tracing identifies a new object or asset as the potential subject matter of a claim, on ...
Common Law and Equity: The Differences Between The Rules of Tracing
https://gradesfixer.com/free-essay-examples/common-law-and-equity-the-differences-between-the-rules-of-tracing/
This was particularly voiced in the case of Jones FC & Sons v Jones 1996 by Lord Millett, who said that having two distinct tracing rules at common law and in equity was of no advantage, given that tracing is not a remedy neither a right, but merely a process by which a claimant establishes what has happened to his property and claims that the assets which he is …
Just Follow The Money: Tracing at common law and equity
https://bridgelawsolicitors.co.uk/just-follow-the-money-tracing-at-common-law-and-equity/
Common Law Both common law and equity allow tracing through “clean substitutions”, where property retains an identifiable form. Where misappropriated assets are exchanged for other specific assets (e.g. if you have possession of my money and use it to buy yourself a car), there is “transmission of a claimant’s property rights from one asset to its …
TRACING ASSETS: A CASK FOR THE FUSION OF …
https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2230.1971.tb02309.x
The Modern Law Review. Volume 34, Issue 1. Free Access. TRACING ASSETS: A CASK FOR THE FUSION OF COMMON LAW AND EQUITY IN ENGLISH LAW * F. O. B. Babafemi LL.M. (Lond.) PH.D.(Lond.) Lecturer. Faculty of Law, University of Ife, Nigeria. Search for …
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