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Category Archives: Equity

Frustrated status and bigotry

Bigotry (in the sense of prejudice-by-category) is a form of moral exclusion–one excludes some group from the moral consideration and standing given to other people. As I have noted before, bigotry is always and everywhere a moral claim–a claim about some category of people’s moral status or standing. A claim not based on specific individual actions against others, […]

The Rotten Heart of Europe

Bernard Connolly‘s The Rotten Heart of Europe: Dirty War for Money is a jeremiad against European monetary union first published in 1995. Its publication led to the author’s sacking from the European Commission, where he had been senior monetary and foreign exchange economist. This is not, as Connolly a matter of saying the “Emperor has no clothes” but […]

The poisonous legacy of slavery and the US race tangle

In his book War, Peace, War: The Life Cycle of Imperial Nations, historical demographer Peter Turchin argues that the mass slavery of the Roman Empire–which was at is most intense in Sicily and Southern Italy–is still depressing the social capital of the area centuries later; that the socially disintegrative effects of mass slavery can persist long after the […]

Lies, damned lies and statistics on “racism”

African-Americans are about 13% of the US population. African-Americans commit roughly half the homicides in the US. That means African-Americans commit unlawful homicide at a much higher rate than other Americans (5.8 times higher than whites in 2013). Which means that we can expect African-Americans to be arrested and convicted for homicide at a much higher rate than other Americans. So, […]

Some scenarios involving proprietary remedies

I’m always interested in what people who are not totally devoted to a particular area of law think about certain cases. At the moment I’m working on the issue of proprietary remedies over bribes taken in breach of fiduciary duty. I’m going to put two scenarios to you (derived from the cases) and ask you […]

High Court says that bank fees may be penalties

In Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30, the Australian High Court decided that bank fees may potentially be penalties, notwithstanding the fact that the trigger for the imposition of most of the fees was not a breach of contract. I’ve already outlined the law against penalties in some detail […]

Yes, the law really does abhor a penalty

Sinclair Davidson at Catallaxy has written a post on excessive fees charged by banks, and said this: [The argument that the fees were designed purely to enrich the bank] is a bit hard to take. When you begin a banking relationship you normally sign a contract that includes the fees that you’ll pay for various […]

#equitylawnerdalert

I’ve just bewailed the fact that being a lawyer makes it hard to relate to people sometimes: let’s illustrate it by posting some equity law jokes which amused me. Tee hee! (What, I’m the only one laughing? Oh, never mind.)

Restitution and illegality

The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]