Fusion fallacy is assuming the creation of a new body of law containing elements of law and equity but in character quite different from its components 20 criticisms against the fusion theory 201 the enactment of the judicature act and section 25(11) of the act. Equity (law) has been listed with common law courts should be ellaborated upon as a link to fusion fallacy which is completely to rand alongside equity in law. A term coined by australian authors in reference to the view that integration (fusion) of the doctrines and remedies of the common law and equity. The fusion fallacy there are many instances which give rise to the need for fusion of equity and law in order to provide adequate remedies for the plaintiff and. Essays - largest database of quality sample essays and research papers on fusion fallacy equity.
The 'fusion fallacy' revisited - [email protected] law in australia has two distinct jurisdictions: equity and common law equity and trust is exclusive to the jurisdiction of equity, a body of law derived in england and exercised before 1873. On equity shares the orthodoxy of meagher gummow and lehane, but generally not the ferocity of its expression for example, in the end on equity comments that argument about fusion fallacy might be described as ‘much ado about nothing. Broadly, the idea of fusion fallacy is that while judges were given concurrent jurisdiction in equity and common law by the judicature acts, the judges could not “mix and match” causes of action and remedy (eg, by awarding an account of profits – typically an equitable remedy – for a breach of contract – typically a common law cause of action. Law in australia has two distinct jurisdictions: equity and common law equity and trust is exclusive to the jurisdiction of equity, a body of. Committed fusion fallacy common law obligations are symmetric whereas equitable obligations those of a fiduciary nature are asymmetric in the sense that one person has to subject himself to the other - rules of law and principles of equity: rules of law are hard and fast, reflected in common law remedies (eg.
The modern distinction between law and equity since equity was formed there is also the idea of a ‘fusion fallacy. In jurisdictions following the english common law system, equity is the body of law which was developed in the english court of chancery and which is now administered concurrently with the common law. What is the fusion fallacy fiona burns sets out the four view points found in case law as to whether the fusion of law and equity exists[7.
The 'fusion fallacy' 3 'beyond fusion fallacy: the transformation of equity and derrida's 'the force of law' documents similar to essay part one. Fusion fallacy theory this student studied: university of technology sydney - 70517 - equity and trusts law in australia has two distinct jurisdictions: equity and common law equity and trust is exclusive to the jurisdiction of equity, a body of law derived in england and exercised before 1873. Equity and trusts notes 70517 autumn 2012 introduction to equity the “fusion fallacy” theory equity & cl under the judicature system.
Skepticlawyer: two lawyers on law kirby j takes a parting shot at equity gurus on high court november he criticises the notion of “fusion fallacy. Judicial or academic reasoning which assumes the contrary has been described as a fusion fallacy chancery: the fusion of law and equity in the.
The fusion fallacy section 25 of the judicature act clearly contemplated the continued existence of separate bodies of rules for the common law and equity although their administration had been fused. According to meagher, gummow and lehane’s equity, doctrines and remedies , the australian authority is in support of the orthodox position to. Fusion fallacy by prof the complete fusion of these jurisdictions the principles of equity developed in the court of the chancery where a ‘petitioner. Fusion or no fusion of equity and the common law at a substantive level since the administrative fusion of the common law and equity courts after the 1873.
Fusion fallacy the radical view or ‘fusion fallacy’ as stated, endorses the contention that the judicature act has fused law and equity many great figures sustain this view, jill martin refers to them as the ‘exponents of the fallacy’ and says that lord diplock and lord denning are the most powerful supporters of the radical view. In jurisdictions following the english common law system, equity refers to the body of law which was developed in the english court of chancery and which is now administered concurrently with the common law. The early development of equity equity prior to the judicature act 1873 on fusion fallacy common law and equity prior to the judicature act 1873 on fusion. Those who argue for a substantive merger are often accused of committing a ‘fusion fallacy’ 3 equity has often supplemented common law where the interests of.