LLW 3008 Equity and Trusts Research Essay
- Subject Code :
LLW-3008
Research Essay
Are the courts still being too restrictive? Or is the problem with the standard? Adoption of fairness as a test might not be conducive to greater certainty. But it would certainly promote better understanding by all concerned — and, it might be hoped, higher standards of conduct — if we had a prohibition on conduct which was “in all the circumstances, unfair”.
The Hon Justice Maxwell, President of the Court of Appeal for Victoria ‘Equity and Good Conscience: The Judge as Moral Arbiter and the Regulation of Modern Commerce’ 2019 Victorian Law Foundation Oration 14 August 2019 p 16.
Critically discuss this statement with reference to the intervention of Equity in commercial matters.
