Jump to ContentJump to Main Navigation
Philosophical Foundations of the Law of Equity$
Users without a subscription are not able to see the full content.

Dennis Klimchuk, Irit Samet, and Henry E. Smith

Print publication date: 2020

Print ISBN-13: 9780198817659

Published to Oxford Scholarship Online: June 2020

DOI: 10.1093/oso/9780198817659.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2021

Some Varieties of Consent in Equity

Some Varieties of Consent in Equity

Enhancing and Protecting Autonomy?

(p.313) 15 Some Varieties of Consent in Equity
Philosophical Foundations of the Law of Equity

Simone Degeling

Oxford University Press

This chapter studies the role of equity in preserving the autonomy of vulnerable members of the community. It focuses on the equitable domains of trusts, fiduciary relationships, undue influence, and unconscionability, where an imbalance of power exists in which one party has only limited or bounded ability to make decisions. Equity takes great care to protect the independence aspect of autonomous decision, but is less concerned about the availability of choice between meaningful options. A party will be deemed by equity as consenting if their agreement is anchored in freedom and information. Thus, great care is taken by the Courts of Chancery to ensure that no impediment to the exercise of the claimant's will was present in the circumstance. In addition, relevant information must be provided, and at times nothing less than independent advice from a third party would satisfy this requirement. Equity thus conscripts its particularistic nature to offer strong protection for two elements that are crucial for autonomous decision-making: freedom from coercion and information.

Keywords:   equity, autonomy, trusts, fiduciary relationships, undue influence, unconscionability, autonomous decision, Courts of Chancery, autonomous decision-making

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .