did the law of equity develop? 2 Why did the conflict between common law and equity arise and how was it resolved? 3 Explain the following maxims by reference to case law: He who comes to equity must come with clean hands Where the equities are equal‚ the first in time prevails Equity deems as done that which ouight to be done 4 Identify the equitable maxims involved in the following: Bill and Ben entered into a contract for Bill to purchase Ben’s land. Ben refuses to complete‚ is Bill entitled to
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SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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unconditionally. Kant would have said that Gekko’s speech and ideologies were immoral. He would have said that greed was immoral as it was morally wrong intrinsically. As per Kant’s formula of universal law if the world population had to live with the maxim that “greed is good” the planet would soon run out of all its resources as everyone will be fighting to amass all the wealth and love there is to get hold of. It is not conceivable to state that greed is good in a world ruled by universal law. This
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CUEA SCHOOL OF LAW General Principles of Equity I History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II UNIT 1 CONTENTS 1.0 2.0 3.0 HISTORY OF EQUITY 4.0 5.0 6.0 7.0 Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion Summary
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influence may be decreed void and set aside * A will containing provisions which are immoral‚ irreligious or against public policy will be held void * MAXIM: One should not profit by his own wrong…Must come in with clean hands…Where there is a wrong‚ there ought to be a remedy Remedies: Substitutional & Specific * Equitable relief is specific performance…legal relief is substitutional (i.e. money damages) * Law is so universal that exceptional circumstances warrant relief
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formalities is not satisfied‚ the law will render the settlement as incompletely constituted trust. Once the settlement is deemed to be incompletely constituted trust‚ the beneficiary could not enforce their right in the trust. This is due to the maxim in equity “equity will not assist a volunteer” and “equity will not perfect an imperfect gift”‚ which meant that equity is reluctant to offer assistance to those who does not provide consideration. Hence an absolute owner must transfer the legal ownership
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1. Outline the sources of Irish Law * History sources of law * Common Law * Equity Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law: There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann)
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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were able to appeal directly to the sovereign‚ who would then delegate cases to the Lord Chancellor for a decision. The Chancellors’ role‚ in time‚ was taken over through the development of the Court of Chancery‚ the aims of which were to deliver ‘equitable’ or ‘fair’ decisions in cases where justice could not be achieved in the Common law Courts. The creation of equity as a system of law was to serve as a means by which the English legal system could strike the balance between the rule-making process
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