Advanced equity and trusts law introduction this course intends to focus on aspects of equity and trusts in two specific contexts: commerce and the the fusion of common law and equity judicature act 1873 4) the structure of english private law. 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. Exemplified in the equity and common law fusion debate both anti obvious that the common law and equity are dependent upon one another, but this is really only because the english system has tended largely. Keywords: common law, equity, judicature acts, orthodox view, radical view, intermediate view, fusion, remedies suggested citation: suggested citation.
Courts of equity rely on common law principles of binding precedent archaic meanings and historical uses in addition, there are several historical (but now archaic) uses of the term that, while no longer current. 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. Exist at common law and in equity english law, like many other systems of law, allows the courts to administer two separate principles of law, which are not necessarily in conﬂict with each other but which seek to achieve justice on any given set of facts the. In jurisdictions following the english common law system, equity is the body of law which was developed in the english the latter part of the twentieth century saw increased debate over the utility of treating equity as a separate body of law these debates were labelled the fusion wars. The modern distinction between law and equity since equity was formed the issue is when equity and common law can be administered in the same court there is also the idea of a 'fusion fallacy. In roman law and most other legal systems, there was a fusion of law and equity however historical evolution of equity like most other legal systems the clash of equity and common law.
The 'fusion fallacy' between equity and common law: a critical analysis [l]egal and equitable features compete on a level playing field, largely commingled and sometimes. 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.
Introduction in an attempt to determine whether the concepts of common law and equity are fused or run concurrently, it is important to avail the begging question of what these concepts are with a definitional clarification and further examine the evolvement of the english legal system concepts. View procedural fusion from law gpr212 at the university of nairobi did the judicature act achieve substantial fusion of common law and equity or merely affect procedural fusion as a proponent of. Lawyers will cease to inquire whether a given rule be a rule of equity or a rule of common law: suffice it that it is a well-established rule administered by fusion of law and equity, since there selden and those who agreed with him did not prevail. 1 the 'fusion fallacy' between equity and common law: a critical analysis.
Professor sarah worthington's new book, equity seeks to achieve two related objects: first, 'to expose equity's impact on the modern legal landscape' and its 'profound influence on the common law of property, contract, tort and unjust enrichment' and, secondly, 'to expose the possibilities for coherent substantive integration of the. 3 history & development of equity 27 fusion of common law and equity fusion of equity and law or of their administration growth of equity conflict 28 28 several acts before the fusion bankruptcy act 1831. Equity, common law, fusion fallacy cover page footnote the author would like to thank mr charles rowland for his constructive criticism of earlier drafts of this article doctrinal fusion of law and equity, for example the rationalisation and. The future of equity and law as separate jurisprudential traditions introduction under australian law, the existing non-statutory law has been divided into equity and common law however, the judge stated that since the 'fusion' of equity and common law.
Two jurisdictions of law and equity which supports the argument in favour of no fusion the maxim, equity looks to the intent rather than the form concentrates on what the parties impliedly or no matter whether they originated in common law, equity or statute. One of the most remarked-upon achievements of the first restatement of the law of restitution was the consolidation into a single treatment of all of the law that concerned the reporters, whether it came from common law or equity in the restatement (third) of restitution & unjust enrichment (r3rue), there was initially an even more dramatic. Citation yeo, tiong min unilateral mistake in contract: five degrees of fusion of common law and equity: chwee kin keong v digilandmallcom pte ltd (2004.
Fusion fallacy by prof | dec 30, 2015 two jurisdictions of law exist in australia: equity and common law 'equity is 'the body of law developed by the court of chancery in england before 1873 its expansion and modification' the complete fusion of these jurisdictions has not. The fusion of equity and the common law one of the fundamentally debated issues concerned equity's role in the english legal system and the degree of integration or 'fusion' of the two back in equity's adolescence. The world law dictionary project english may be the common language of the world but in this context the term equity has a little bit different meaning and this is the common law concept of equity - the principle of equity, which means fairness, the carrying out of justice according to. When considering the provision there is a temptation to get distracted by arguments about the fusion of law and equity for except in procedural matters there was little or no conflict or variance between equity and the common law equity then.