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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THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA FACULTY OF LAW EQUITY AND TRUST 1 ESSAY DEADLINE FOR SUBMISSION: Friday‚ February 25‚ 2011 at 12 noon. ____________________________________________________________ ____________ QUESTION a. Using appropriate authorities discuss the disadvantages of separating law and equity. (No more than 1500 words) b. With the aid of relevant legal authorities outline the history‚ uses and purposes of Trusts. (No more than 1500 words) FORMAT FOR
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Common law evolved over time as a judge made law (according to doctrine of precedent.) In common law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules based on customary law was gradually enforced throughout the whole of England and countries derived from England. E.g. Australia‚ Canada New Zealand and the United States Common laws rules were too broad to deal with governing a society as complex as England
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SCHOOL OF LAW LAW OF EQUITY ASSIGNMENT IAN NDUNGU WAWERU DLAW/112/00101 DISTINGUISH BETWEEN EQUITY AND COMMON LAW LECTURER: MARK WAGIA Common law‚ defined by Oxford Dictionary‚ is law that is derived from custom and judicial precedent instead of statutes. Equity‚ on the other hand‚ is a branch of law‚ which developed alongside common law‚ and is focused on fairness and justice. But aside from their descriptions‚ there are other differences between common law and equity. History
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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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How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law‚ although it does not endeavour to displace it with a moral code. In order to be influential‚ the law is to be professed as both certain and predictable‚ and also flexible and fair. Specifically‚ it needs clear rules on the one hand‚ but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are
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FE1 EQUITY & TRUSTS NIGHT BEFORE NOTES 8 Key Topics for Revision • • • • • • • • Maxims Injunctions‚ particularly Interlocutory Quia Timet Injunctions and Anton Piller Orders Rescission Secret Trusts Charitable Trusts Resulting Trusts Trusteeship Tracing 1. MAXIMS This topic is usually examined as one part of a three part question‚ where candidates have to attempt two parts. It has always been a straightforward essay style question. In some years‚ the Examiner asked about their contemporary relevance
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Common Law and Equity Prior to the Judicature Act 1873-75 on Fusion Fallacy The early development of equity categorized it as a separate system from the then existing common law. However‚ Lord Chancellor’s intervention gradually developed a distinct body of law called ‘equity’ which was well established by the fifteenth century. From then on‚ the Chancellor’s jurisdiction was exercised via what later becomes ‘court of Chancery.’ The existence of these two systems at times conflicted because of the
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Question A- states the similarities and differences between legislation and subsidiary legislation. What is legislation? Legislation knows as statutory law which is has been enacted or promulgated by any kind of governing body or even parliament. It refers to a single law or even a group body of enacted law. In the history‚ it is called as “bill” which is more often than not projected by a member of the legislature. Examples of legislation are Statutes or Acts of Parliament‚ Ordinance and Enactments
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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