|Book||Equity in Commercial Law, 1st Edition||24/11/2005||9780455222080||$104.00|
Based on the papers presented at “Fusion: The Interaction of Common Law & Equity in Commercial Law”, this book brings together in one volume a series of chapters from a team of prestigious contributors analysing the interaction of common law and equity in commercial law.
The Editors, Drs Simone Degeling and James Edelman have specifically chosen commentaries that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. Providing a rigorous discussion of the emerging cases and trends in commercial law, this work of exceptional legal scholarship presents a compelling offering for judges, barristers, academics, commercial litigators and anyone interested in where the law is heading in this area.
Providing access to views from the world’s leading commentators in this field including esteemed judges, legal practitioners and academics from Australia, Canada, England, Ireland and New Zealand, this publication will become a classic in legal literature.
Contents include: tracing, specific performance, directors duties, accounts of profits, unjust enrichment, principles of the law of trusts, fiduciaries, equitable property rights, misdirected transfers and recipient liability, mitigation in equity, punitive damages and gain-based damages in equity, proprietary restitution, private international law and equity.
Reviewed by Geoff Lindsay SC, Editor
2 J Edelman and S Degeling, ‘Fusion: The Interaction of Common Law and Equity’ (2004) 25 Aust Bar Rev 195.
3 Peter Birks died on 6 July 2004. He was a charismatic teacher, a keen student of Roman Law, a seminal authority for the modern law of restitution and an advocate of a ‘new taxonomy’ in which ‘Equity’ would cease to be recognised as a separate field of study. His Australian Obituaries include (2004) 25 Aust Bar Rev 99–102 and (2004) 78 ALJ 615–16, the latter of which was written by his former student, Justice Keith Mason. Equity in Commercial Law is dedicated to the memory of Peter Birks.
4 The first edition of Equity: Doctrines and Remedies was published in 1975. The fourth edition (edited by R P Meagher, J D Heydon and M J Leeming) was published by Butterworths LexisNexis (Australia) in 2002. It is the modern classic on ‘Equity’ as a separate field of study.