Abstract:
Just before the Judicature Acts came into force, the equity bar objected that the new court would be dominated by common law judges, whose ignorance of equity would ‘endanger the very existence of Equity jurisprudence’. This objection, though ridiculed at the time, can be seen in retrospect to have had some substance. In respect of several important aspects of contract law, notably unfairness, mistake, and privity, former equitable approaches were, after 1875, effectively marginalized both by the courts and by the writers of treatises on English contract law.
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Stephen Waddams, ‘Equity in English Contract Law: the Impact of the Judicature Acts (1873–75)‘. The Journal of Legal History Volume 33, Issue 2, 2012. Published online 13 Aug 2012.
First posted 2012-08-18 08:58:46
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