Edinburgh Research Archive

Equity in Scots law

Abstract

The purpose of this study is to examine the truth of the assertion frequently made that the Court of Session is a court both of law and of equity: to determine what foundation there is for this statement, what the scope of the equitable jurisdiction is at the present time, to ascertain to what subjects it extends and what effects it has on legal doctrines: and lastly, to suggest at least tentatively the possible sources of this jurisdiction and to compere it in outline with Equity as understood in England,
No attempt has been made to consider all the legal doctrines in detail or to cite authority, except in so far as it bears on the influence of equity.

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