QUESTION 1. Equity has made the law more fair. Discuss Equity can be defined in a technical sense as a branch of law administered by the court of chancery before the passing of the Judicature Act (1873-1875) with a view of supplementing the common law rules. Equity developed because of the problems of the common law. The word ’equity’ has a meaning of ’fairness’ and this is the basis on which it operates. The existing law as at the time equity arose was common law‚ equity acted as a supplement
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The word ‘equity’ can be seen to have a wide range of meanings- to many it is a synonym for ‘fairness’ or justice’. Those within the legal community recognise equity as the body of rules developed and applied by the Court of Chancery; a court previously presided over by the Lord Chancellor with rules developed under his authority. The law of equity developed due to the inflexibility of the common law. Before the development of equity‚ The law was rigid (which was often cited as a weakness) for example
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Identify 6 things caught by the SOF Judge decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer
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Law and Equity Essay (a) Outline the development of common law and equity. There was no system of law in England and Wales before 1066‚ as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However‚ in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to
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SEMESTER 1: 2014/2015 LXEB 3110 EQUITY I ASSIGNMENT NAME: GOH POI SZE MATRIC NUMBER: LEB120033 TUTOR: DR USHARANI A/P BALASINGAM DATE OF SUBMISSION: 3 NOVEMBER 2014 1. Introduction Maxims of equity are short statements that contain the essence of equity law. These maxims were developed over the years and today are used as a set of general principles which are said to govern the way in which equity operates. They illustrates the standards of morality in judicial decision making1 and
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be said to have influenced the development of equity. This gives an overview of a selection of these maxims‚ examining them in varying amounts of detail and identifying many of the particular areas of the law which have been affected‚ and which are dealt with later in the book. These include‚ for example‚ the maxim ‘where the equities are equal the first in time prevails’‚ and its effect on priorities and conflicting interests‚ and the maxim ‘equity acts in personam’ and its effect on the operation
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Equity Maxims 1. He who comes to equity must come with clean hands * D&C Builders v Rees – Lord Denning. A small building firm did some work on the house of a couple named Rees. The bill came to £732‚ of which the Rees had already paid £250. When the builders asked for the balance of £482‚ the Rees announced that the work was defective and they were only prepared to pay £300. As the builders were in serious financial difficulties‚ they reluctantly accepted the £300 “ in completion of the
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at 5:01 p.m. on 4 August‚ and 20% from an assignment submitted at 5:01 p.m. on 5 August. Assignment Questions You must answer all questions of both parts. Part I - England In Modern Equity‚ 19th Ed.‚ Jill E Martin discusses two continuing controversies in connection with the history of equity. First‚ on pages 18-19‚ she writes of
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Maxims and Equity Equity in its broadest sense means fairness. Within the legal system it’s known to be a body of law that looks at all concerns which fall separate from the jurisdiction of common law. It allows courts to use their discretion and apply justice in accordance with “natural law”. Dictionary.com’s definition of maxim is “an expression of a general truth or principle‚ a principle or rule of conduct”. Maxims of equity can be described as an established principle of fairness. They
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wrong. It is one of the equitable maxims that ’Equity looks to the intention and not the form’ which stands that it is fair to look at the intention rather than the fact they got the formalities wrong. This maxim was shown in the case of Berry v Berry (1929) where a deed was held to have been altered by a simple contract which is not possible in common law. However‚ equity decided that it is allowed with the presence of intention. The flexibility of equity had provided much more fairness and justice
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