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Title: Equity in Scots law
Author: Carr, D. J.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 2010
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The aim of this thesis is to consider the development of the nature of equity in Scottish private law. Accordingly, the thesis considers the manner in which Scottish law has utilised ‘equitable’ terminology and conceptualisation in the development of different areas of Scottish private law. In considering this matter, the thesis employs an historical methodology up to a point; however, the prime objective of the thesis is to attempt to state the modern day position as regards the influence of equity within Scottish private law. Such a thesis cannot ignore the influence of English law, or at least conceptions of English law, upon Scottish law. In fact, the choice of subject matter for the thesis was inspired by a Common law idea of equitable remedies, and this starting point is reflected in the specific subject areas discussed. Accordingly, the chapters consider the institutional role of equity in Scots law, before considering the influence of equity in the following areas of Scottish law: unjustified enrichment, trusts, constructive trusts, and fiduciary liability in Scottish law. The analyses of these different areas of law demonstrate the problematic conception of equity in Scots law, insofar as they take different approaches to the substantive and linguistic employment of the term equity. The consideration of these different approaches to equity across different areas of Scots law demonstrates the inherent vagueness of the Scottish approach to equity. Such vagueness has, up to now, allowed the influence and importance of the equitable tradition to wax and wane reasonably quietly according to the prevailing epoch. The historical analysis suggests that, at least in recent times, the influence of something called equity is increasing, and with its rise there are important definitional and substantive choices ahead.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available