Tag Archives: Equity

Against free markets

The term that is. There seem to be few usages that are a greater barrier to clear thought and debate than free markets. Whether used as a term of sneering abuse to create straw-person arguments or as a slogan of the right and proper, it is ready-made to close minds and abstract away from the issues […]

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 […]

The past really is a foreign country

The past is a foreign country: they do things differently there. (L.P. Hartley, The Go-Between) I was forcibly reminded of the truth of Hartley’s statement while undertaking some legal research today. I have been conducting research into the doctrine of specific performance, which is when a court orders a party to a contract to perform […]