America on Trial: Inside the Legal Battles That Transformed by Alan M. Dershowitz

By Alan M. Dershowitz

The well known lawyer and bestselling writer finds how extraordinary trials all through our heritage have helped to form our state. supplying insights into the human , those trials function a historic rfile, chronicling the struggles and passions in their time.

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Sample text

Lord Nottingham was also instrumental in developing the law of trusts. The next important Chancellor was possibly Lord Hardwicke, who was first appointed in 1737. Lord Hardwicke further developed the principles of equity and many of his decisions demonstrated the fine balance that had to be held between certainty and the flexibility needed to allow both ‘justice’ in a particular case and also the evolution of the law. Lord Hardwicke often emphasised the function of equity to provide a remedy in the case of unconscientious conduct.

There is, however, some debate as to whether the two systems of law themselves have been fused into one. Ashburner, in Principles of Equity, expressed his view by saying that ‘the two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’. There have been judicial and academic statements to the effect that there is a fused system of law. ’ The prevailing view appears to be that, although the two systems operate closely together, they are not fused.

If only a debt existed the lender would have no special claim and would have to compete with all the other creditors. QXP 20 10/6/05 11:44 am Page 20 Trusts and Equity between the lender and the borrower was that the money would not become part of the general assets of the borrower but that it should be used only to pay the dividend and for nothing else. If for some reason the money was not used to pay the dividend the parties intended that it should be returned to the lender. The fact that the loan was to be ‘only’ for the purpose of paying the dividend could only mean, in the view of the House of Lords, that if the money was not so used it was to be returned to the lender.

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