730-438 Philosophical Approaches to Equity

Equity and Trusts or equivalent

The traditional approach to equity concentrated on the historical development of doctrines and remedies in the English Court of Chancery. This subject takes a different approach to equity. It aims to reveal the philosophical foundations of equitable doctrines and remedies. What goals and purposes do they serve? Are they justified morally and, if so, how? In seeking answers to such questions, the subject also aims to supply a theoretical framework within which equitable doctrines and remedies may be evaluated and arguments for reform assessed.

Topics to be covered include:

• The nature of equity I: whether the judge exercising equitable jurisdiction plays a role different from that of the judge exercising common law jurisdiction

• The nature of equity II: whether there is anything philosophically distinct about equity: what, if anything, sets equity apart from contract, tort and unjust enrichment?

• The nature of the trust and the application of philosophical principles, such as autonomy, charity and distributive justice, to the trust

• The philosophical foundations of fiduciary relationships and obligations and other equitable doctrines, such as equitable estoppel and the doctrines of undue influence and unconscionable dealing

• The nature and purposes of equitable remedies

• The nature and purposes of equitable defences such as delay and good faith purchase for value without notice

Research essay 5000 words (due week 12) 100%

Printed Materials will be issued by the Faculty of Law