(in jurisdictions following the english ‘common law’ system, equity refers to the body of law which was developed in the “english court of chancery” and which is now administered concurrently with the ‘common law’)
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(for much of its history, the ‘english common law’ was principally developed and administered in the central ‘royal courts’: the “Court of King’s Bench”, the “Court of Common Pleas”, and the ‘exchequer’)
(‘equity’ was the name given to the law which was administered in the ‘Court of Chancery’)
(the ‘judicature reforms’ in the 1870s effected a ‘procedural fusion’ of the 2 bodies of law, ending their institutional separation)
(the reforms did not effect any ‘substantive fusion’, however)
(‘judicial’ or ‘academic’ reasoning which assumes the contrary amounts to a “fusion fallacy”)
(‘jurisdictions’ which have inherited the common law system differ in their current treatment of ‘equity’)
(over the course of the 20th century some ‘common law systems’ began to place less emphasis on the ‘historical’ or ‘institutional origin’ of substantive legal rules)
(in ‘england’, ‘australia’, ‘new zealand’, and ‘canada’, ‘equity’ remains a distinct body of law with specialized practitioners)
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(‘modern equity’ includes…)
(amongst other things)
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*the law relating to [‘express’ / ‘resulting’ / ‘constructive’] trusts*
(aka ‘fiduciary law’)
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“equitable estoppel”
(including ‘promissory’ + ‘proprietary’ estoppel)
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(relief against ‘penalties’ / ‘forfeiture’)
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(the doctrines of [‘contribution’ / ‘subrogation’ / ‘marshaling’])
(aka ‘equitable set-off’)
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(the latter part of the 20th century saw increased debate over the utility of treating ‘equity’ as a separate ‘body’ of ‘law’)
(these debates were labeled the “fusion wars”)
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(a particular ‘flashpoint’ in this debate centered around the concept of “unjust enrichment” and whether areas of law traditionally regarded as ‘equitable’ could be rationalized as part of a single body of law known as the “law of unjust enrichment”)
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*👨🔬🕵️♀️🙇♀️*SKETCHES*🙇♂️👩🔬🕵️♂️*
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💕💝💖💓🖤💙🖤💙🖤💙🖤❤️💚💛🧡❣️💞💔💘❣️🧡💛💚❤️🖤💜🖤💙🖤💙🖤💗💖💝💘
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*🌈✨ *TABLE OF CONTENTS* ✨🌷*
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🔥🔥🔥🔥🔥🔥*we won the war* 🔥🔥🔥🔥🔥🔥