Equity (Clarendon Law Series) by Sarah Worthington

By Sarah Worthington

The second one variation of Sarah Worthington's fairness units out the elemental rules of fairness, illustrated through either ancient and modern examples in their operation. The e-book describes equity's position in growing diverse rights and responsibilities, treatments, and tactics from these supplied by means of the typical legislation itself.

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Example text

Integration facilitates the aim of treating like cases alike. It also facilitates the aim of treating different cases in appropriately different ways. A dualist system runs the risk of losing its rational coherence. Judges in dualist systems are inevitably constrained in their ability to identify similarities and draw distinctions; their analysis is limited by accidental jurisdictional divides, when coherence across the legal landscape demands a comprehensive frame of reference. Given these indisputable propositions, the common law regime appears extraordinary.

Nevertheless, the potential for abuse remains. Not only are the defendant's civil liberties at risk, so too is the defendant's business. Claimants may remove the defendant's goods and hold them pending trial, which is then delayed as long as possible. This effectively forces the defendant's business to close down, thus achieving the claimant's aims without any formal trial. Once again, the difficult balancing exercise facing the courts reflects the dramatic power of procedural practices. FREEZING ORDERS (MAREVA INJUNCTIONS) Difficulties in obtaining evidence or maintaining the status quo are not the only problems faced by claimants.

Should this happen, however, there is now a statute that Footnotes: 20 See below, 38-41. [21] Claimants find it harder to persuade the court that a mandatory injunction is warranted. The courts are then concerned to see that the mandatory activity does not cause undue hardship to the defendant; again, the parallels with orders for specific performance are evident. Finally, interlocutory injunctions raise still further difficulties that are considered in more detail later in this chapter. Added to all this, there is yet again the idea that Equity will not act in vain, so an injunction will not be ordered where it would achieve no useful purpose.

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