1 - Fusion and Theories of Equity in Common Law Systems

Summary

Law and equity fused administratively in the nineteenth century in most jurisdictions. But fusion is a prominent theme in equity today: it has become the means by which lawyers access the fundamental questions presented by equity in common law systems. What is the place of equity? Is it certain or open-ended? And so on. This chapter considers how a modern lawyer can best approach those questions. A wider perspecitve on fusion is needed than has recently prevailed, and a theory of equity is needed which the evidence lends itself to. The features of such a theory are identified, and the practical significance of fusion is discussed with specific reference to relief from forfeiture and modern writing on the law of restitution.