The Court of Chancery in the 19th Century: A Paradox of Decline and Expansion

Abstract

This article considers the traditional argument that the Court of Chancery declined in the 19th century. It is argued that while the Court was beset by procedural problems, some of the most important and long-lasting doctrinal contributions to equity and the law generally occurred in the 19th century Court of Chancery. Areas which are discussed include: fraud and breach of confidence; fiduciary obligations; passing off; and restrictive covenants.

Keywords: Chancery, equity, passing off, restrictive covenants, breach of confidence, fiduciary obligations

JEL Classification: K10, K40