Ideas of Equity

Ideas of Equity
Ideas of Equity
Carr, DJ
Edinburgh Legal Education Trust

This is the first book on equity in Scotland, and on substantive equitable rules, since the final edition of Lord Kames's celebrated Principles of Equity in 1778. It seeks to examine the different understandings of equity which have been associated with different areas of private law. In particular, it considers how English rules have interacted with Scottish law. In a series of separate chapters, the text reviews the law of unjustified enrichment, constructive trusts, and fiduciary law, and explains how they have been formed and influenced by different understandings of equity.

Each chapter charts the historical development from the early-modern period up to the present day, and considers how an understanding of equity which is sometimes shared with English law has affected the development of Scottish rules, and what this may imply for the future development of the law. The book begins with a general survey of the law and ends with an assessment of the nature and reach of equity in Scots law.

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