Equity Law Essays
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Equity as a Modern Source of Law
Example essay. Last modified: August 7, 2019
This essay examines the importance of equity as a modern source of law in light of its historical development, with reference to relevant case law and legislation….
Solutions to Nationwide Injunctions
Example essay. Last modified: June 11, 2019
Part of what makes the debate over nationwide injunctions so complex is that there are powerful values on both sides of the debate….
Trustees powers of investment and delegation
Example essay. Last modified: June 17, 2019
The trustees’ investment duty is not to achieve a particular out come, but rather to invest the fund in a particular way….
Equity Will Not Aid a Volunteer
Example essay. Last modified: August 7, 2019
'Let no one speak of the law’s delays if one of the most deeply rooted tenets of equity can crumble in the space of two years!'…
For a Person to be Convicted of an Offence
Example essay. Last modified: August 14, 2019
Assault, along with Battery are common law offences. When Charlie threw a stone at this ex-girlfriend, he intended to frighten her, this would……
McPhail v Doulton
Example essay. Last modified: August 12, 2019
In order to allocate property according to the testator’s wishes, equity recognises both a trust and a power of appointment….
Conveyancer and Property Lawyer Perfecting Imperfect
Example essay. Last modified: November 23, 2020
Margaret Halliwell Subject: Equity. Other related subjects: Company law. Trusts Keywords: Declarations of trust; Execution; Gifts; Share transfers……
How Does Equity Law Assist Common Law?
Example essay. Last modified: August 14, 2019
The brief discusses the Mareva Injunction from its first appearance to the development thereof into a worldwide Mareva Injunction….
General Statements of Basic Equitable Principles
Example essay. Last modified: May 24, 2019
Equity is basically a body of law as introduced by the Court of England and since been invested with equitable jurisdiction elsewhere also ……
Code of Civil Procedure
Example essay. Last modified: August 7, 2019
Critically Analyse the Principle of Injunctions with Reference to the Code of Civil Procedure Black’s Law Dictionary defines injunction as ……
The True Purpose of Secret Trust
Example essay. Last modified: August 12, 2019
Under the Wills Act 1837 a will, or 'any other testamentary disposition',1 must be in writing and signed by the testator and two witnesses, who……
Family Provisions – ‘moral duty/claim’
Example essay. Last modified: August 12, 2019
The idea of freedom of testation is a relatively short-lived and flawed notion that as holders of property rights, such freedom to do with this……
The Case of Twinsectra
Example essay. Last modified: August 7, 2019
Introduction This essay looks at the case of Twinsectra, most particularly Lord Millet’s views as articulated in the obiter judgement of that ……
A trust is an equitable obligation
Example essay. Last modified: August 6, 2019
A trust is an equitable obligation, binding a person (who is called a trustee) to deal with property over which he has control (which is called……
The Differences Between Common Law and Equitable
Example essay. Last modified: August 7, 2019
Equity, according to Maitland, “is now that body of rules administered by our … courts of justice which, were it not for the operation of the ……
International Banking and Liable Court Cases
Example essay. Last modified: August 7, 2019
The parties in the case: A bank called Bigbank, a company called Alpha (incorporated in Ruritania), a company called coma, a bank called ……
Certainty of Words Subject Matter and Objects
Example essay. Last modified: August 7, 2019
A trust will only come into existence if there is ‘certainty of words, certainty of subject matter and certainty of objects’ per Lord Langdale ……
An Overview of Charitable Trusts: Charities Bill 2004
Example essay. Last modified: August 14, 2019
The most important difference in relation to charitable trusts is that relief from fiscal obligations and advantages that are received from charities….
Reasons for the Creation of Equity and its Common Law Differences
Example essay. Last modified: September 21, 2021
The historical reasons behind creation of equity as a system of law and the differences that exist between equity and common law….
The Mens Rea of a Crime
Example essay. Last modified: August 16, 2019
The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. Mens Rea ……
The Beneficiaries
Example essay. Last modified: August 6, 2019
The fact that money has changed form, from money to share, is no obstacle in equitable tracing if it proved that the shares were purchased with the beneficiary’s money….
A Trust is a Legal Arrangement
Example essay. Last modified: August 14, 2019
A Trust is a legal arrangement which involves an individual (the Settlor) transferring legal title of properties to another person or body ……
In the Context of Equitable Remedies
Example essay. Last modified: August 14, 2019
Equitable remedies include recession and ratification, injunctions and specific performance, all of which are available from the court of equity ……
Case Analysis Test Bonnard V Perryman
Example essay. Last modified: August 8, 2019
This is a neutral citation of the case that can be found in volume 2 of the Chancery Law Reports for 1891, at the beginning of page 269. On 27th……
Equity Is That Specific Body of Law
Example essay. Last modified: August 8, 2019
circumstances where the conduct of the defendant is unconscionable'. Development of equity is attributed to the shortcomings of common law……
Equity Had to Supplement the Common Law
Example essay. Last modified: December 3, 2020
The concept of equity derived in order to balance fair results in some individual circumstances. In the past there were some strict decisions in ……
The Terms of the Trust
Example essay. Last modified: August 14, 2019
In order to be a valid trust, the declaration of the terms of the trust must be certain. The settlor must declare the terms with sufficient ……
There Are Two Ways to Create an Express Trust
Example essay. Last modified: August 6, 2019
There are two ways to create en express trust; these are declaration of self as a trustee and the transfer of property to trustees. For an express……
Awakening from China to Peru?
Example essay. Last modified: August 6, 2019
McPhail v Doulton is not only a case that presents many challenges for criticism but also a case that has a significant position in English Equity…
Problem Question – Dispositions to a Will
Example essay. Last modified: June 11, 2021
When considering any disposition it is paramount to interpret it in such way that most effectively fulfils the testator’s intention and to ensure that the true intention is not exposed to any injustices that could alter the original meaning….
Battery Is an Intentional Unpermitted Act
Example essay. Last modified: September 12, 2024
To determine whether Paul is entitled to recover against Dina for assault, we first look into details on what actually amounts to assault ……
Concept of Unfairness Unconscionability
Example essay. Last modified: August 14, 2019
The primary source of law in England- the judge made law, administered in the common law courts, evolved gradually with time culminating in a set ……
Inheritance Under Traditional Hindu Law
Example essay. Last modified: August 6, 2019
One of the most significant ideas behind the evolution of family was to provide security to the members. The joint and undivided Hindu family is ……
Trust is an Entity of Equity
Example essay. Last modified: August 12, 2019
Introduction The trust is an entity of equity. It has been explained as “the concept case of equity’s meddling with ordinary law rights in ……
Two Jurisdictions of Law and Equity
Example essay. Last modified: August 12, 2019
law and equity have been fused stems from the enactment of the Judicature Act…
The Hindu Succession Act
Example essay. Last modified: August 19, 2019
INTRODUCTION The term Hindu Undivided Family has not been defined under the Income Tax Act? It is defined under the Hindu Law as a family that ……
Common Law in Comparison to Equity Law
Example essay. Last modified: August 7, 2019
In comparison with common law in which boundaries, regulations and rules can be found , equity is different with no solid structure and this ……
Justification for Operation of a Constructive Trust
Example essay. Last modified: August 7, 2019
The circumstances in which there is agreement in an attempt to identify a single theoretical justification for the operation of a constructive trust….
Equity Functions
Example essay. Last modified: August 6, 2019
The creation of equity was necessary in order to make the fixed and rigid common law, more flexible and fair. In ancient England, at certain……
Equity Dates Back to the Works of Aristotle
Example essay. Last modified: August 7, 2019
A brief historical account of the development of equity is necessary to understand how it came to be so integrated in today’s legal system……
Contributions of Equity and Trust in Australia
Example essay. Last modified: August 8, 2019
Australia’s non-statutory laws are divided into two facets – Equity and Common Law. The Common Law primarily protects the rights of citizen ……
The United Kingdom Taxation System
Example essay. Last modified: August 14, 2019
In order to maintain financial budget set by the Chancellor of the Exchequer, the UK government raises the majority of its government revenue through the collection of tax payable by the general public….
The Special Wives Equity Predicament
Example essay. Last modified: August 7, 2019
The special wives equity has always been somewhat of a predicament in the law of contract, often debated about its relevance in society today ……
Evolution of English Customary and Common Law
Example essay. Last modified: August 6, 2019
Equity to the layman means fairness and justice, but in the legal context its meaning has a much more strict definition. Equity is the name given ……
Certainty of Objects for Discretionary Trusts
Example essay. Last modified: August 7, 2019
A fixed trust is one in which the interest and thus the share to be taken by the beneficiaries is specified in the trust instrument….
Equity’s Not So Clean Hands
Example essay. Last modified: August 14, 2019
By Tarrek Naji Historically equity does not punish, and further more it is not a punitive jurisdiction. Punitive damages are ones which punish and……
Development of Equity Law in India
Example essay. Last modified: September 22, 2021
The scope of this paper is trace the history and development of equity and also its current relevance primarily for Indian legal system….
Knight v Knight
Example essay. Last modified: August 14, 2019
A trust should be upheld if there is sufficient practical certainty in its definition for it to be carried out according to the expressed intention of the settlor….
Classic Requirements for a Valid Trust
Example essay. Last modified: August 14, 2019
‘An express trust will not be validly created unless the ‘three certainties’ are present. These classic requirements for a valid trust were ……
English Law Use Equity as a System of Law
Example essay. Last modified: August 7, 2019
Modern equity mainly comprised with substantive and procedural principles and they only allow the courts limited discretion. To understand equity……
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