Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Equity sets out the basic principles of Equity, and illustrates them by reference to commercial and domestic examples of their operation. The text, which is the second edition, describes the role of Equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the Common Law itself. This edition offers a reworking of the material traditionally described as Equity. In doing this, it provides an examination of the fundamental principles underpinning Equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, it exposes the possibilities, and the need, for coherent substantive integration of Common Law and Equity. Such integration is perceived in this text as crucial to the continuing success of the modern Common Law legal system.
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers instances in which people who are not themselves trustees (‘third parties’, ‘strangers’) can find themselves liable for wrongs to trusts. It discusses the three classes of this additional form of liability: dishonest assistance, trusteeship de son tort, and knowing receipt. It shows that ‘knowing receipt’ does not in truth belong in this group, being a liability for breach of trust on the part of someone who is actually a trustee, having taken an unauthorized transfer of trust property from its previous trustee.