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Textbook on Land Law
The only book on land law to include a running case study to illustrate how the law works in practice. Trusted by students for over 30 years, Textbook on Land Law gives a practical and innovative edge to modern land law. Perfectly pitched for students studying land law for the first time, the running case study will galvanize interest in the topics by allowing students to visualize and engage with thetopics. - Features practical examples throughout to provide students with a frame of reference to put this often abstract subject into a clear context - Combines academic detail and accuracy with a direct and engagingwriting style to give lucidity to complex areas - Examines core areas covered o...
Philosophical Foundations of the Law of Equity
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Equity Today
This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.
Equity
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstanc...
Modern Studies in Property Law, Volume 11
What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a ch...
Omissions in Tort Law
Whether or not a person has a positive duty to prevent harm is both a complex and fundamental question in English tort law. There is a distinction drawn between doing harm and failing to prevent it, between acts and omissions. However, there are instances in which a failure to act can have legal consequences. Omissions in Tort Law analyses the justification for the lack of a general positive duty to prevent harm and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve another's position. It provides novel conceptual a...
Rights and Private Law
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between ...
Philosophical Foundations of the Law of Express Trusts
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chap...
TITAN
When Titan Company Limited launched its quartz watches some 30 years ago, the founders – a merry bunch of Tata employees who started out simply wanting ‘to do something different’ – could not have foreseen just how completely they would capture the imagination of Indian consumers in the post-liberalization era of the 1990s. The brand they created – at first against tremendous odds and restrictive norms – injected freshness into the market and in retail spaces through its cutting-edge marketing strategy and empathetic advertising. Not only did the new watchmakers on the block transform watches from being utilitarian objects to fashion statements, but it also systematically venture...
