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

Commercial Law

Research Areas

Corporate, Finance and Securities Law

Publication

Equity today: 150 years after the judicature reform

First Page

383

Last Page

402

ISBN

9781509960101

Identifier

10.5040/9781509960101.ch-020

Publisher

Hart

City or Country

Oxford

Copyright Owner and License

Authors

Comments

Paper presented at Equity: 150 Years After the Judicature Reforms (2022 April)

Additional URL

https://doi.org/10.5040/9781509960101.ch-020

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