Equity Definition of Equity The term ‘Equity’ is used in various senses‚ out of many the main four senses in which the term is used are: - 1. Literal senses 2. general senses 3. roman senses 4. English senses. 1. Literal senses:- Its sole aim may be to do justice to the parties in a case characterized by a configuration of facts unlikely ever to be repeated in reality in the same or similar way. The literal meaning given to equity is “right” as founded on the laws
Premium Common law
10 6. Court of Chancery 12 7.. Nature and Purpose of Equity 14 8. Maxims in Equity 16 9. Subject matter of Equity 18 10. Equity in India 19 11. Conclusion 20 12. Bibliography 21 CHAPTER-1 Introduction In law‚ the term equity refers to a particular set of remedies and associated procedures. These equitable doctrines and procedures are distinguished from "legal" ones. Equitable relief is generally available only when a legal remedy is insufficient or inadequate
Premium Common law
Outline the development of common law and equity. A The Law in England didn’t come about all at once‚ but has developed over the centuries. There are 5 different sources of law: Customs‚ Judicial decision‚ Acts of Parliament‚ Delegated Legislation and‚ most recently‚ European Law. However‚ new law is still being created today. The law as we know it today all started in 1066‚ when William the Conqueror invaded England. He found a country with no single system of law‚ just sets of customary
Premium Common law
Outline the development of common law and equity. Before common law and equity came into existence‚ there were only customs that protected the people and their rights. Customs can be divided into general customs and local customs. General customs are said to be the basis of common law because it is thought that after the Norman Conquest‚ judges who travelled around the land making decisions in the King’s name based at least some of their decisions on the common customs. Local customs
Premium Common law Law
regards to knowing receipt‚ knowing assistance‚ legatees‚ mutual wills‚ nominees‚ overreaching‚ overriding‚ perpetuities‚ powers‚ precatory trusts‚ probate‚ protective and quistclose trusts‚ settlors‚ succession‚ testators‚ trusteeship‚ equitable remedies‚ the equitable maxims‚ and the Vandervell legislation? If not our equity and trusts law experts are ready to assist you on all equity and trusts law modules found on the LLB with any equity essays or trusts essays you may have. Equity and Trusts -
Premium Trust law
Natural Law – denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the us of their natural intelligence‚ or reason. Positive Law – Or national law (the written law of a given society at a particular point in time)‚ applies only to the citizens of that nation or society. Legal Realism – the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. Constitutional Law – The
Free Common law Law Statute
Describe and account for the historical development of equity and consider (think about) the contemporary (existing) significance (implication) of equitable principles. In Roman mythology‚ Aequitas‚ also known as Aecetia‚ was the goddess of fair trade and honest merchants. Like Abundantia‚ she is depicted with a cornucopia‚ representing wealth from commerce. She is also shown holding a balance‚ representing equity and fairness. Aequitas is the source of the word equity‚ and also means "equality"
Premium Common law Law Appeal
and each Chancellor gave judgment according to his own conscience. This led to the criticism about the outcome of cases and John Selden‚ an eminent seventeenth century jurists‚ declared‚ “Equity varies with the length of the Chancellor’s foot”. Equitable remedies are discretionary‚ they are only allowed if the common law remedies are plainly inadequate. Equity introduced a few remedies which the common law could not provide. These include injunctions‚ specific performance‚ rescission and rectification
Free Common law Law Property
TUTORIAL 1.Compare and contrast civil legal system and common legal system Legal system is a legal framework which relates to the rules set by the government of a state to the citizen. DIFFERENCES | CIVIL LEGAL SYSTEM | COMMON LEGAL SYSTEM | Origins | -Arbitrary (berubah2)- origin in Roman law‚as codified in the Corpus Juris Civilis of Justinian‚ and as subsequently developedmainly in Continental Europe | -Evolutionary-the legal tradition‚ which evolved in England from the 11thCentury onwards
Free Common law
FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law
Free Common law Law