Equity in Its Relations to Common Law: A Study in Legal Development (Classic Reprint) - Hardcover

Inhaltsangabe

Excerpt from Equity in Its Relations to Common Law: A Study in Legal Development

The general theory of the subject is fully developed in the first five chapters,at the close of which are enumer ated the lines, nine in number, along which equity seems to have relieved from imperfections in the common law not referable to procedural incapacity. The remain ing chapters seek to verify the view taken, by exhibiting in detail the activities of English equity along these several lines. The original purpose of the author was so to trace the workings of equity in all of the nine indicated directions. Impairment of health has re quired a discontinuance of the work after dealing only with the three first in order and importance equity's peculiar regard for substance at the expense of forms, her doctrines of fraud, and her doctrines of uses and trusts. If, however, the work as it stands amply demonstrates the accuracy of its general conceptions of equity, as the author ventures to believe that it does, the missing chapters could have added but little to its value.

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