Ideas of equity

Research output: Book/ReportBook

Abstract

Equity has been little analysed in Scotland, partly, no doubt, due to the absence of the institutional split between 'law' and 'equity' found in England and other common-law systems. That absence can make the topic hard to grapple with, because it can be unclear what exactly is meant by 'equity' and by 'equitable rules'. Statements, such as Lord Cooper's that, in Scotland, 'law and equity have never been separated, and equity has tended to predominate', require clarification and contextualisation if they are to be property understood.

Ideas of Equity is the first book on equity in Scotland, and on substantial equitable rules, since the final edition of Lord Kames's celebrated Principles of Equity in 1778. It seeks to examine the different understandings of equity which have been associated with different areas of private law. In particular, it considers how English rules have interacted with Scottish law. In a series of separate chapters, the text reviews the law of unjustified enrichment, trusts, constructive trusts, and fiduciary law, and explains how they have been formed and influenced by different understandings of equity. Each chapter charts the historical development from the early-modern period up to the present day, and considers how an understanding of equity which is sometimes shared with English law has affected the development of Scottish rules, and what this may imply for the future development of the law. The book begins with a general survey of the field and ends with an assessment of the nature and reach of equity in Scots law.
Original languageEnglish
Place of PublicationEdinburgh
PublisherEdinburgh Legal Education Trust
Number of pages217
ISBN (Print)9780955633294
Publication statusPublished - 30 Jun 2017

Publication series

NameStudies in Scots Law
PublisherEdinburgh Legal Education Trust
Volume5

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