c. Prevents defendant from destroying contractual wrongful actions, the plaintiffs had no claim for an, injunction because they had come to equity unwilling to do Allows claimant to search defendant’s premises → Chancellors Precedent and Damages Unconscionability (in Contract Law) Common Law EARLY ORIGINS Patterson v Murphy 1978 Neither party was at fault at the destruction e. The financially troubled C reluctantly accepted the £300 “in
iv. hundred courts. a. Example: if contract of purchasing good is rescinded; the n the, ii. Under the Normans, ... From that time on the common law and equity worked together, side by. noise and dust Issue was whether contract of sale could be rescinded Appointed and Organize judges into circuits, Judges dispense justice according to the local area customs Anton Piller KG v Manufacturing Processes ii. Employees of Times launched a strike against their employer
an English bank Laws were customs → (not laws per se, but ran by customs) v. Laws common to all → “Common Law”, Defects of Common Law Before 1066 all laws were local and enforced in the manorial, shire and.
b. Patterson v Murphy 1978 a.
1. A claimant seeking an equitable remedy must not be guilty o f i. University. Damages would be an adequate remedy, Rescission - returns the parties to their pre-contractual position b.
1. established Court of Chancery He who seeks equity must do equity unworthy of it
iii. c. Employer threatens to sack the employees unless they stop the
In this case, the defendants had ceased their blasting
Academic year. completion of account” University of Birmingham. i. i.
Equity & Trusts law notes - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. financial difficulties, therefore had not come with clean which you are suing under (no writ → no case → no remedy) → there ar e also limited abandoned the publication a. Chappell v Times Newspaper (1975) Battle of Hastings. Equity Courts initially not bound by precedent → decision s varied from different unconscionable conduct a. immediately brought to an end because the act as agreed in the contract Module. If there is conflict between common law and equity, equity prevails (always win), i. c. When an infringement of the plaintiff’s right has been The defendant failed to mention that all of the tenants Court ordered defendant to allow disposing his assets out of the jurisdiction, g. Search Order (Anton Piller Order) - This order was created in Also Interfered with his comfort of living to an the plaintiff have no power to intervene between parties b. quarrying activities Equity will not allow the technical defects of common law to prevent Equity will not allow the technical defects of common law to prevent worthy plaintiffs from obtaining redress (compensation 2. of facts now
d. Dissatisfied employees went to court and apply an injunction iii. To prevent their employer from carrying out the threat Court held C could sue D for compensation for work h. Lord Denning refused to apply the doctrine; on the grounds that i.
This made equity unpredictable → no consistency→ Fairness was a subjective He who comes to equity must come with clean hands b. Inflexible → In order to start a case, there must exist a writ covering the area of law i. Celts and Anglo Saxons - each tribes have difference / variation to the customs 1. As equity was developing, it had no fixed rules of its own and each. d. Expensive the 20th Century
claimant to prove his case Justice Costello. Chief Justice Coke stated when common law has decided a case, Chancery Court a. d. Common Law gradually changed from a system that is dynamic and adaptable to one that, e. Dissatisfied parties began to petitioned the King, f. King heard cases on a case to case basis and gave justice a.
“Rees had taken unfair advantage of the builders strike e. Common Law only looked at form and not intention → on contracts and documents. i.
Defendant, in breach of contract, refused to delivered t he recoverable from the Defendant → No Equity ensures justice → could grant remedies other than damages ex: Discretionary i. ii. 2015/2016 iv. i. towards his opponent b. Provisions of Oxford 1258, A document outlining reforms to English Common Law, No new writs could be created → due to too many writs being circulated 2.
range of writs i.
Reasoning by analogy Equity does not abolish law ‘but fulfils it’ Rylands v Fletcher [1868] UKHL 1 Judicature Acts (19th cent) Rickards v Lothian [1913] AC 263 Common law and Equity run side by side. Judges started to collect best customs → started applying the law uniformly documents and materials By the 15th century, it was becoming clear that there were problems in the way the common law operated. Equity → set of legal principles → aimed to complement and fill defects of Common Law Qualifications. 1. Only remedy available was damages → not sufficient enough to compensate the wrong granted i. ii. Carriers SA 1975 only. e. COA held that whether the newspaper owners were threatening The procedures of the common law courts have become slow expensive and very technical. activities and so it was no longer necessary to grant an Plaintiff bought land adjoining a quarry which is a source of noise and dust b. ii. f. D&C sue Rees for outstanding amount Before the hall was used, it was burnt down 3. 2. Quantum Meruit”, Specific Performance - Order that contract should be carried out as
vi. articles d. An injunction was granted to refrained the defendant from i. remove any documents/materials that could help Trusts and Equity Lecture Notes - Lecture notes, lectures 1 - 10. 2. Plaintiff bought land adjoining a quarry which is a source of a. C commenced the article but before completing it, D Doctrine of Frustration - a court order that means the contract is Conflict between Equity and Common Law
c. Juries, as they were then, could be corrupted or intimidated
a. Injunction granted → to prevent the danger of D Enters into an agreement to purchase a quantity of i. Claimant asked for specific performance; it was not Inductive reasoning Equity prevails over common law. h. Lord Chancellor is a bishop → expert in religious law but not law in general “Man-made law is different from god-made law”→ religious law ii. had given notice to vacate their land d. Rees ask to pay at a discounted price knowing that D&C are in iv. j. The solution came with the development of what is known as equity. equity. Shipowners sought an injunction to freeze their will not necessarily grant the relief if the court had found th e claimant iv. Even if the claimant had established his/her equitable ri ghts, the courts estoppel established, the plaintiff is entitled to an injunction Merged the administration of the common law courts and Chancery Court hands, ii. side. Claimant sue Defendant for breach of contract iii. document, that document should be altered to reflect the tru e intention as Roles of juries have changed; used to assist judges, but on lydecide on questions
claimant may claim for what he has done under the contract, Rectification - when a mistake have been accidentally made in a A claimant who seeks equitable relief must be prepared to ac t fairly chairs financial difficulty Nadine Audifferen. It had damaged the plaintiff’s house The law of equity is a set of rules created by the courts of Chancery in order to mitigate the harshness of the common law system. account → was granted Shipowners found the charterers had money in agreed by the parties. done without completing the article → “Claim on Courts will looks at the future conduct of the claimant, he m ust be Defendant’s failure to perform is not a breach a contract, applied in order to ensure decisions were morally fair ii. Conflict was finally resolved by Judicature Acts 1873 - 1875 Brought and unite all tribes under Norman Rule
b. Cardozo in Graf v Hope Building Corporation 1930, c. In 1250, the “Common Law” developed had ruled the whole country c. Equity could be adapted and expanded → meets new needs Equity Lecture Notes. Please sign in or register to post comments. The rent would be returned to the originally agreed price fo r the future
EQUITY & TRUSTS – NOTES 70517 SEMESTER AUTUMN 2016 Table of Contents. vi. Rees paid £ worthy plaintiffs from obtaining redress (compensation injunction. f. Delay Plaintiff was able to rescind the contract, Restitution: Where there is a contract, instead if suing for damages, a g. Rees claimed the court should apply the doctrine of promis sory Law of Trusts and Equity (08 21217) Uploaded by. g. Procedural defects and technicalities → legitimate grievances was lost
i. Tribal Elders decided the outcome of cases, i. William the Conqueror conquered UK in 1066 → defeated King Harold in h. Rigidity → Binding precedent →Tools of Departure to avoid precedent not available then, Development of Equity iii.
the control of anyone.
prepared to act equitably iii. iii. 1. Can get both equitable and common law remedies in the same court, v. Mareva Compania Naviera SA v International Bulk Equity & Trust UK law notes