Equity in commerce: Too much and too little?
The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors...
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sg-smu-ink.sol_research-62952024-01-04T07:50:30Z Equity in commerce: Too much and too little? YIP, Man The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors in commercial dealings. However, the objections are not directed at all aspects of equity, but are usually addressed to some ‘disfavoured parts of it’, such as the creation of a new obligation or discretionary remedies. On the other hand, from the perspective of equity lawyers, equity’s interplay with commerce may lead to the contractualisation or commercialisation of equitable doctrines, thereby lowering the standards that equity traditionally expects of actors such as trustees and fiduciaries. 2023-06-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/4337 info:doi/10.5040/9781509960101.ch-020 https://ink.library.smu.edu.sg/context/sol_research/article/6295/viewcontent/9781509960101.ch_020_av.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Business Organizations Law Jurisprudence |
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The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors in commercial dealings. However, the objections are not directed at all aspects of equity, but are usually addressed to some ‘disfavoured parts of it’, such as the creation of a new obligation or discretionary remedies. On the other hand, from the perspective of equity lawyers, equity’s interplay with commerce may lead to the contractualisation or commercialisation of equitable doctrines, thereby lowering the standards that equity traditionally expects of actors such as trustees and fiduciaries. |
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YIP, Man |
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YIP, Man |
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YIP, Man |
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Equity in commerce: Too much and too little? |
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Equity in commerce: Too much and too little? |
title_full |
Equity in commerce: Too much and too little? |
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Equity in commerce: Too much and too little? |
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Equity in commerce: Too much and too little? |
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equity in commerce: too much and too little? |
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Institutional Knowledge at Singapore Management University |
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2023 |
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https://ink.library.smu.edu.sg/sol_research/4337 https://ink.library.smu.edu.sg/context/sol_research/article/6295/viewcontent/9781509960101.ch_020_av.pdf |
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