Unit 1 - Introduction and History

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Equity and Trusts Unit 1 Flashcards on Unit 1 - Introduction and History, created by courtney yeap on 18/04/2018.
courtney yeap
Flashcards by courtney yeap, updated more than 1 year ago
courtney yeap
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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