Publication Type
Book Chapter
Version
acceptedVersion
Publication Date
6-2023
Abstract
The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors in commercial dealings. However, the objections are not directed at all aspects of equity, but are usually addressed to some ‘disfavoured parts of it’, such as the creation of a new obligation or discretionary remedies. On the other hand, from the perspective of equity lawyers, equity’s interplay with commerce may lead to the contractualisation or commercialisation of equitable doctrines, thereby lowering the standards that equity traditionally expects of actors such as trustees and fiduciaries.
Discipline
Asian Studies | Business Organizations Law | Jurisprudence
Research Areas
Corporate, Finance and Securities Law
Publication
Equity today: 150 years after the Judicature Reforms
Editor
Ben McFarlane, & Steven Elliott
First Page
383
Last Page
402
ISBN
9781509960071
Identifier
10.5040/9781509960101.ch-020
Publisher
Hart
City or Country
Oxford
Citation
YIP, Man.
Equity in commerce: Too much and too little?. (2023). Equity today: 150 years after the Judicature Reforms. 383-402.
Available at: https://ink.library.smu.edu.sg/sol_research/4337
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.5040/9781509960101.ch-020