Tuesday, July 24, 2007
Burns on The Court of Chancery in the 19th Century
Fiona Burns, Sydney Law School, has posted an essay, The Court of Chancery in the 19th Century: A Paradox of Decline and Expansion. It appeared in the University of Queensland Law Journal. Here's the abstract: This article considers the traditional argument that the Court of Chancery declined in the 19th century. It is argued that while the Court was beset by procedural problems, some of the most important and long-lasting doctrinal contributions to equity and the law generally occurred in the 19th century Court of Chancery. Areas which are discussed include: fraud and breach of confidence; fiduciary obligations; passing off; and restrictive covenants.