wk 1

Question 1

Define Equity

Answer 1

Separate body of law developed in the court of chancery which supplements corrects and controls the rules of common law

Question 2

What is the fundamental principle according to which equity acts

Answer 2

A party having a legal right shall not be permitted to exercise it in such a way that amounts to unconscionable conduct

Question 3

6 characteristics of equity

Answer 3

Strong moral dimension
Very fertile
Case-driven
Relies on judicial discretion 
Strict
Largely about relationships of trust and confidence

Question 4

Define equitable maxim

Answer 4

A summary statement of a broad them that underlies equitable concepts and principes

Question 5

Discuss the scope of equitable maxims

Answer 5

Scope is very ill-defined and uncertain, they can overlap, be in conflict or sit uneasily together

Question 6

4 things we get from equity

Answer 6

Protective doctrines
Useful remedies
Important concepts in property law
Procedual things

Question 7

2 important concepts in prop law that come from equity

Answer 7

Trusts

equitable leases

Question 8

5 useful remedies

Answer 8

Declaration
Specific performance
Injunction 
delivery up
account of profits

Question 9

When are equitable rems not available

Answer 9

When the common law has an adequate remedy

Question 10

2 interesting things about equities approach to remedies

Answer 10

Provides different solutions (beyond damages)

Court has a lot of discretion

Question 11

4 things toDiscuss the ‘courts discretion’ when deciding equitable remedies

Answer 11

• Accounts for a number of different factors
• Looks at what the plaintiffs did as well
• Non-punative
• Focus is on a proportionate response

Question 12

What is Minimum equity

Answer 12

The court will give the minimum equity necessary to relieve the conscience of the party against whom the relief is sort

Question 13

3 key points on equity

Answer 13

• Looks beyond the black letter of the law
• Equity is looking for a victim
• Equity is a concept of conscience

Question 14

5 equitable maxims

Answer 14

• A person who seeks equity must do equity
• Equity will not assist a voluunteer
• Equity is equality
• Equity assists the diligent and not the tardy
• Equity assists those that come with clean hands

Question 15

3 principles on which equity is based on

Answer 15

fairness
justice
good conscience

Question 16

What does it mean by ‘restraint’

Answer 16

There are some situations where you might have to exericse your conscious and not strike a really hard bargain

Question 17

When might you need to exercise restraint

Answer 17

When someone relies on you

Question 18

Equities idea of conscience and restraint

Answer 18

Equity restrains peiople that are trying to act in an unconsciable way

Question 19

Conscience varies with the length of a judges foot

Answer 19

Conscience is different in different peoples eyes

Question 20

Equity will not assist a volunteer

Answer 20

Equity does not regard a voluntary promise as binding on the conscience of the promisor

Question 21

Equity assists the dilligent and not the tardy

Answer 21

You need to bring the action within a certain amount of time

Question 22

Equity will assist those who come with clean hands

Answer 22

equity will look at a plaintiffs past conduct to see if they deserve relief

Question 23

Equity is equality eg

Answer 23

If you created a trust with 5 beneficiaries but didnt indicate what share of the trust property each was to get, equity will presume equal distribution

Question 24

What was the court of chancery addressed as

Answer 24

court of consciene

Question 25

role of the office of the court of chancery

Answer 25

Office is ti correct mens consciences for frauds, breaches of trusts and oppressions and to soften the extremity of the law

Question 26

Where did equity develop

Answer 26

in the court of chancery

Question 27

Why did equity need to supplement common law in early days

Answer 27

It was very rigid and technical, if a person wanted relief they had to fit their case within a limited number of writs

Question 28

Discuss the process of the chancellor coming into his own

Answer 28

• Petitioners start going straight to the chancellor in 1340s
• Court of chancery becomes a distinct and permanent court with its own procedure and jurisdiction in the late 1300s

Question 29

What was an early critisism of the court of chancery

Answer 29

Did not bind themselves strictly to precedent and the rules and principles they apply are not neatly disclosed

Question 30

Consceince as established precident

Answer 30

Consceince became a term of art in which equity became an established body of jurisprudence

Question 31

How were common law and equity fused

Answer 31

thriught judicatue acts of 1873-75

Question 32

Jud acts

Answer 32

Common law courts and chancery merged into a supreme court with different divisions