Highlights
“The fusing of law and equity has been going on for centuries …. it reflects the law’s striving for coherence and consistency” “Fusionists come in all shapes and sizes, generally united by concerns for coherence, rationality, efficiency and respect for general principles that serve as guides in legal education and appellate decision-making. Anti-fusionists may also share these goals but they are generally united in their greater respect for a static legal framework and their love of history” (Mason, Fusion: Fallacy, Future or Finished? December 16th 2004, Supreme Court at 14).
In light of the above statement, critically consider the view that the law and equity are fused and that the dualism argument is obsolete.
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