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

University of Queensland Law Journal, Vol. 21, pp. 198-219, 2001

Sydney Law School Research Paper No. 07/45

23 Pages Posted: 23 Jul 2007  

Fiona Burns

The University of Sydney Law School

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

Suggested Citation

Burns, Fiona, The Court of Chancery in the 19th Century: A Paradox of Decline and Expansion. ; Sydney Law School Research Paper No. 07/45. Available at SSRN: https://ssrn.com/abstract=1002245

Fiona Burns (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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