Created by courtney yeap
over 6 years ago
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Question | Answer |
How was E & T developed? | The Court of Chancery and almost by accident |
Why did it differ from common law? | was willing to recognise new rights e.g) the use of a trust and new remedies e.g) injunction and specific performance |
equity was never a complete system, when did it intervene... | in some areas |
What are equity's maxims role? | - general rules of thumb from the court exercising equity jurisdiction - they are often a starting point |
How can the maxims be grouped together? | Maxims concerning the; - Nature of equity and jurisdiction - Conduct expected of claimants - Circumstances in which equity will operate |
maxim concerning equity and jurisdiction - 'equity will not suffer a wrong without a remedy' | - only intervene to prevent an unconscionable reliance upon legal rights when a trustee hols prop for beneficiary and the trustee wants to claim it = the trustee has this legal right but not under an equitable right (equity has bene's back) |
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