Description
A unique blend of legal history and private law combine to answer the question; when can private law be changed?This question is at the core of this book. It shows how those jurisdictions that have adopted the UK Judicature Act 1873, can use changes to achieve fairness. Viewing the question through this equitable prism, the book charts the limitation that, where equity is the reason for change, only the minimum change is justified. Notwithstanding this, it argues that judges have a distinct advantage in ushering change as they are better equipped to identify inequities. Uniquely balancing equity and legal history, this book provides a fascinating approach to assessing the role of change in private law.