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Full-Text Articles in Civil Law
The English Constructive Trust:A Look Into The Future, D. W.M. Waters
The English Constructive Trust:A Look Into The Future, D. W.M. Waters
Vanderbilt Law Review
In view of the history of the common law and of equity, a history shared by all common law jurisdictions, it would be nonsense to say that English law does not offer the deprived plaintiff relief. Of course, it does. What we have not been willing to do, however, is to rationalise the miscellany of remedies that exist. And, since we have not been prepared to rationalise, there are inconsistencies be-tween and within remedies, and a marked lack of development, particularly on the equity side. This has long been the complaint of the English lawyers who, since Lord Wright's first …
Equity -- 1958 Tennessee Survey, Theodore A. Smedley
Equity -- 1958 Tennessee Survey, Theodore A. Smedley
Vanderbilt Law Review
Since Equity is a field of indefinite boundaries, it is to be expected that the cases discussed in this section of the survey involve a wide variety of issues. Of the thirteen decisions to be mentioned, four were suits for injunctions to restrain as many different types of alleged wrongs, three were suits to cancel or reform written instruments executed by mistake or fraud, two were suits to declare trusts, one was a suit for specific performance of a contract to sell land, one was a suit to enforce a promissory note, and two were suits turning on procedural factors.