Equity and Law

John C. P. Goldberg is the Carter Professor of General Jurisprudence at the Harvard Law School, Harvard University. Henry E. Smith is the Fessenden Professor of Law and Director of the Project on the Foundations of Private Law at the Harvard Law School, Harvard University. P. G. Turner is a University Senior Lecturer and a Fellow of St Catharine's College in the University of Cambridge.

List of figures; List of tables; List of contributors; Acknowledgements; Table of cases; Table of legislation; List of abbreviations; 1. Fusion and theories of equity in common law systems P. G. Turner; Part I. Jurisdictions and Their Institutions: 2. Equity: notes on the American reception Samuel L. Bray; 3. The union of law and equity: the United States, 1800–1938 Kellen Funk; 4. What did the makers of the judicature acts understand by 'fusion'? Michael Lobban; 5. At the crossroads of fusion: British North America/Canada, 1750–2000 Philip Girard; 6. Fusion – fission – fusion: pre-judicature equity jurisdiction in New South Wales, 1824–1972 Mark Leeming; 7. Fusion without fission: equity and the judicature acts in colonial Victoria James Mccomish; 8. Are equity and law in Scotland fused, separate or intertwined? Daniel J. Carr; Part II. Fusion and Fission in Doctrine and Practice: 9. Equity and the common counts: the development of the action for money had and received Ben Kremer; 10. Mistake and unfairness in contract law Stephen Waddams; 11. Lex Sequitur Equitatem: fusion and the penalty doctrine P. G. Turner; 12. Rediscovering the equitable origins of discovery: the 'blending' of law and equity prior to fusion Patricia I. Mcmahon; Part III. Functional, Analytical and Theoretical Views: 13. Wrongful fusion: equity and tort John C. P. Goldberg and Henry E. Smith; 14. Avoiding anarchy? Common law vs. equity and Maitland vs. Hohfeld Ben Mcfarlane; 15. Equity and the modern mind Emily Sherwin; 16. An argument for limited fission Matthew Harding; Conclusion; 17. 'Single nature's double name': the unity of law and equity? Dennis Klinck; Index.