McFarlane, B;
(2019)
Form and substance in equity.
In: Robertson, A and Goudkamp, J, (eds.)
Form and substance in the law of obligations.
(pp. 197-218).
Hart: Oxford, UK.
Preview |
Text
McFarlane_Form and Substance in EquitySubmitted.pdf Download (388kB) | Preview |
Abstract
Ben McFarlane The argument of this chapter is that the distinction between form and substance is crucial to understanding and justifying the distinction between common law and equity and, more fundamentally, the distinction between two different types of legal rule. The terms ‘form’ and ‘substance’ are used here in a particular sense: ‘form’ refers to the type of legal relation arising from the parties’ dealings and the application of particular rules to those dealings; ‘substance’ refers to the effect in practice of such dealings and rules. The argument here is not based on the notion that ‘equity looks to the substance not the form’. In fact, this chapter asserts something close to the opposite: the key to understanding much equitable intervention in the law of obligations lies in paying very close attention to the form of the legal relations involved. Three main points will be made. First, in seeking to...
| Type: | Book chapter |
|---|---|
| Title: | Form and substance in equity |
| ISBN-13: | 9781509929450 |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.5040/9781509929481.ch-009 |
| Publisher version: | https://doi.org/10.5040/9781509929481.ch-009 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10071084 |
Archive Staff Only
 |
View Item |
