Equity and trusts – lecture 1
Common law issues
Rigid writ system
Complex procedures
Limited remedies – real action of return of land or compensation for damages
Development of equity
Appeal directly to the monarch
Passed litigants to LC
Established separate court of chancery
Conscience based decisions – harder to predict due to morality
Issues
Expensive, uncertainty, conflict between the two
Resolve
Principles are established, maxims of equity are guidelines on basis, when equity and common law
conflict – equity will prevail, established earl of oxfords case 1615
Judicature acts 1873-1875 – administrative merger, substantive difference, maxims
Maxims
He who comes to equity must come with clean hands – argyll v Argyll 1967 – due to wife’s infidelity
she had not acted properly no obligation to provide equity
Equity will not assist a volunteer – do not provide property in return for receipt
Equity looks on as done that ought to be done – if something is meant to be done with said equity it
will provide as much as possible
Equity acts in personam, acts on the person not the property
Miller v jackson
Cricket club boarderd land, cricket ball entered ds property causing active damage and mental
distress. Didn’t want damages wanted to close cricket club. Not a common law remedy. Equitable
remedy offers injunctions such as foreclosure
Trusts
Created in English and Wales. origins of trust go back to 11 th century. Transfer of legal title to a
trusted individual incase of death eg going to war. Within common law the trustee can use land as
wanted. Within equity can appeal and be protected under the law on the trustee.
Settlor – absolute owner original owner
Trustee – owner in common law, manager of land within equity, owe duties to beneficiaries
Common law issues
Rigid writ system
Complex procedures
Limited remedies – real action of return of land or compensation for damages
Development of equity
Appeal directly to the monarch
Passed litigants to LC
Established separate court of chancery
Conscience based decisions – harder to predict due to morality
Issues
Expensive, uncertainty, conflict between the two
Resolve
Principles are established, maxims of equity are guidelines on basis, when equity and common law
conflict – equity will prevail, established earl of oxfords case 1615
Judicature acts 1873-1875 – administrative merger, substantive difference, maxims
Maxims
He who comes to equity must come with clean hands – argyll v Argyll 1967 – due to wife’s infidelity
she had not acted properly no obligation to provide equity
Equity will not assist a volunteer – do not provide property in return for receipt
Equity looks on as done that ought to be done – if something is meant to be done with said equity it
will provide as much as possible
Equity acts in personam, acts on the person not the property
Miller v jackson
Cricket club boarderd land, cricket ball entered ds property causing active damage and mental
distress. Didn’t want damages wanted to close cricket club. Not a common law remedy. Equitable
remedy offers injunctions such as foreclosure
Trusts
Created in English and Wales. origins of trust go back to 11 th century. Transfer of legal title to a
trusted individual incase of death eg going to war. Within common law the trustee can use land as
wanted. Within equity can appeal and be protected under the law on the trustee.
Settlor – absolute owner original owner
Trustee – owner in common law, manager of land within equity, owe duties to beneficiaries
