Equity

Equitable doctrines and remedies play a crucial role in modern commercial transactions.

Examples include trusts, fiduciary obligations (particularly in relation to joint ventures and partnerships), unconscionable bargains and breach of confidence.

Equitable remedies may be either personal or proprietary and are available to recover another's gain, compensate one's loss or compel performance.

Counsel working in this field understand equity's broad application, are alive to potential areas for development, but are also sensitive to the need for a close understanding of the interaction of the relevant doctrines with statute.

 

four
top considerations for equity
1Care, skill and diligence
2Substance over form
3Flexibility
4Trust and confidence