Equity was developed over centuries but initially as a reaction to the “harshness of the common law or lack of developments in common law”. Furthermore‚ the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition‚ complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to
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fourteenth centuries. Common law criticized rigid as before and causes normally arose where the gathering mistreated could achieve no redress under the surviving law and modes of procedure. Equity According to law‚ equity means the rules‚ which have been developed to ease the severity of the common law. The word “equity” means fair and it created new rights by giving beneficiaries rights against trustees by recognizing trusts. It offers a wide range of remedies than common law. It recognized trusts of
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Equity Essay 1. Introduction Two jurisdictions of law exist in Australia: equity and common law. ‘Equity is ‘the body of law developed by the Court of Chancery in England before 1873. Its justification was that it corrected‚ supplemented and amended the common law. It softened and modified many of the injustices at common law‚ and provided remedies where‚ at law‚ they were either inadequate or non-existent.’[1] Common law is ‘the unwritten law derived from the traditional law of England as
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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
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“The current law on the establishment and regulation of a co-ownership interest in land is unsatisfactory.” Discuss. Co-ownership forms one of the most complex areas in land law. It requires constant updating over time as social structures and patterns of living evolve in society. This essay will discuss the many difficulties that regularly arise in this delicate area of the law for which there is no simple‚ all-encompassing solution. Specifically it will cover the common intention constructive
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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Daniel Pitaluga. “[On one view of proprietary estoppel] ‘unconscionaibility has no independent existence for it is defined purely in terms of three factual requirements. The corollary is‚ of course‚ that unconscionability exists by definition whenever there is an assurance‚ reliance and detriment‚ because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense
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The following is a supplement to the discussion of the Milroy v Lord and Re Rose principles in Equity Trusts relating to the cases of T Choithram International SA v Pagarani 2001 2 All ER 492 and Pennington v Waine 2002 4 All ER 215. These cases confirm the existing law for the most part‚ although in factual circumstances which have occasioned comment by some jurists. The Underlying Principle in Milroy v. Lord An imperfect gift will not be perfected simply by interpreting the donor to be a trustee
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What is the nature and extent of the employee’s duty of confidentiality? Introduction In every business enterprise‚ there is certain information that employer’s wish to remain confidential. This is particular vital in the global era where there is lower job security‚ higher job mobility and situations where employees work multiple jobs. Employees are bound by the duty of confidentiality‚ where they are forbidden to disclose certain information obtained during the course of employment. The
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expression to some act‚ writing expressive of some act‚ contract‚ process‚ as a deed‚ or contract. It is the role of equity to uphold the intention of the parties in an agreement based on the equitable maxims “Equity looks to the intention‚ not the form” -If the instrument recording the agreement does not reflect the true intention of the parties die to the common mistake or fraud‚ the equity will intervene and order rectification of the instrument/written contract. The step in the formation of contract:
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