Equity Law Essays

A Trust is a Legal Arrangement

Example essay. Last modified: 14th Aug 2019

A Trust is a legal arrangement which involves an individual (the Settlor) transferring legal title of properties to another person or body ......

A trust is an equitable obligation

Example essay. Last modified: 6th Aug 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......

A Trust Is an Obligation Which Binds a Person

Example essay. Last modified: 14th Aug 2019

A trust is an obligation which binds a person (or persons) to deal with property for the benefit of beneficiaries or for a charitable purpose in ac......

Advise Juliet, Mercutio, Romeo and Tybalt

Example essay. Last modified: 7th Aug 2019

In order to establish whether the different elements of Romeos estate have been adequately disposed of, the question of certainty must be assessed...

Advise to Beneficiaries

Example essay. Last modified: 7th Aug 2019

Alex died two years ago. His validly executed will left his collection of paintings and £300,000 to Paul and Irvin to hold on trust for "such of my grandsons, Harry, Richard and Steven, as they reach 21, and if more than one, in equal shares"....

An Overview of Charitable Trusts: Charities Bill 2004

Example essay. Last modified: 14th Aug 2019

The most important difference in relation to charitable trusts is that relief from fiscal obligations and advantages that are received from charities....

Armchair Doctrine Interpretation of Wills

Example essay. Last modified: 6th Aug 2019

THE APPLICATION OF THE 'ARM CHAIR DOCTRINE' FOR THE INTERPRETATION OF WILLS This section incorporates what is known as the armchair rule. This ......

Awakening from China to Peru?

Example essay. Last modified: 6th Aug 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...

Battery Is an Intentional Unpermitted Act

Example essay. Last modified: 12th Sep 2024

To determine whether Paul is entitled to recover against Dina for assault, we first look into details on what actually amounts to assault ......

Case Analysis Test Bonnard V Perryman

Example essay. Last modified: 8th Aug 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......

Certainty of Intention in an Express Trust

Example essay. Last modified: 6th Aug 2019

In order to advise Tim on what will happen to the shares, the holiday cottage and the paintings, it is necessary to establish whether Julie ......

Certainty of Intention to Create a Trust

Example essay. Last modified: 8th Aug 2019

This essay will advise Edward, Susanna, Tebbs and Tomlin of their legal position in respect of the facts of the case. In doing so, it will ......

Certainty of Objects for Discretionary Trusts

Example essay. Last modified: 7th Aug 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....

Certainty of Words Subject Matter and Objects

Example essay. Last modified: 7th Aug 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 ......

Classic Requirements for a Valid Trust

Example essay. Last modified: 14th Aug 2019

‘An express trust will not be validly created unless the ‘three certainties’ are present. These classic requirements for a valid trust were ......

Code of Civil Procedure

Example essay. Last modified: 7th Aug 2019

Critically Analyse the Principle of Injunctions with Reference to the Code of Civil Procedure Black’s Law Dictionary defines injunction as ......

Common Law in Comparison to Equity Law

Example essay. Last modified: 7th Aug 2019

In comparison with common law in which boundaries, regulations and rules can be found , equity is different with no solid structure and this ......

Concept of Unconscionably Basis for Estoppel

Example essay. Last modified: 23rd Nov 2020

Introduction. The concept of unconscionably as a basis for estoppel is a fairly recent concept adopted by the courts. While the courts of Chancery ......

Concept of Unfairness Unconscionability

Example essay. Last modified: 14th Aug 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 ......

Conceptual and Evidential Certainty in Trusts

Example essay. Last modified: 22nd Sep 2021

Conceptual certainty is required to administer fixed and discretionary trusts but when it comes to evidential certainty there is a difference between the types of trust....

Contributions of Equity and Trust in Australia

Example essay. Last modified: 8th Aug 2019

Australia’s non-statutory laws are divided into two facets – Equity and Common Law. The Common Law primarily protects the rights of citizen ......

Conveyancer and Property Lawyer Case

Example essay. Last modified: 6th Aug 2019

Jonathan Garton Subject: Equity. Other related subjects: Company law. Trusts Keywords: Constructive trusts; Equity; Execution; Gifts; Share......

Conveyancer and Property Lawyer Perfecting Imperfect

Example essay. Last modified: 23rd Nov 2020

Margaret Halliwell Subject: Equity. Other related subjects: Company law. Trusts Keywords: Declarations of trust; Execution; Gifts; Share transfers......

Creation of a Trust

Example essay. Last modified: 22nd Sep 2021

A trust can come into existence in any manner, by an instrument in writing, by a unilateral declaration, by operation of law and also by oral declaration....

Dear Alice, I hereby declare the trust for you

Example essay. Last modified: 6th Aug 2019

In Knight v. Knight [1840], Lord Langdale MR declared that three certainties were needed to establish a valid trust, that is, certainty of words or......

Development of Equity Law in India

Example essay. Last modified: 22nd Sep 2021

The scope of this paper is trace the history and development of equity and also its current relevance primarily for Indian legal system....

Differences Between Common Law and Equity

Example essay. Last modified: 21st Sep 2021

Common law and equitable rights have two different functions. We look at the differences between common law and equitable rights....

Disposition of Property on Death Has Always Been a Very Complex Issue

Example essay. Last modified: 7th Aug 2019

Two peculiar types of wills are relevant to our case, the first one being the mirror will, the other is known in equity as a joint will, both are m......

Earl of Oxford Case: Conflict between Common Law and Equity

Example essay. Last modified: 30th Sep 2021

The Earl of Oxford’s case of 1615 occupies a rather unique position in the development of the English legal system....

English Law Use Equity as a System of Law

Example essay. Last modified: 7th Aug 2019

Modern equity mainly comprised with substantive and procedural principles and they only allow the courts limited discretion. To understand equity......

Equitable Remedies Prevent or Redress Harm

Example essay. Last modified: 7th Aug 2019

Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of ......

Equity as a Modern Source of Law

Example essay. Last modified: 7th Aug 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....

Equity Dates Back to the Works of Aristotle

Example essay. Last modified: 7th Aug 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......

Equity Functions

Example essay. Last modified: 6th Aug 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 Had to Supplement the Common Law

Example essay. Last modified: 3rd Dec 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 ......

Equity is a Body of Rules

Example essay. Last modified: 12th Aug 2019

As discussed above it is clear that equity is a body of rules which was developed to supplement the shortcomings of the common law, some of which......

Equity is a Separate System of Law

Example essay. Last modified: 3rd Dec 2020

Above statement clearly emphasize the fact that the equity is a separate system of law and it also moderate the common law and helps to soft the common law....

Equity Is That Specific Body of Law

Example essay. Last modified: 8th Aug 2019

circumstances where the conduct of the defendant is unconscionable'. Development of equity is attributed to the shortcomings of common law......

Equity New Rights

Example essay. Last modified: 7th Aug 2019

The origin of equity can be attributed to one established principle which reflects the true nature of equity; equity would not allow a ‘wrong to be without a remedy...’...

Equity Will Not Aid a Volunteer

Example essay. Last modified: 7th Aug 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!'...

Equity’s Not So Clean Hands

Example essay. Last modified: 14th Aug 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......

Establishing Certainty of Objects in Trusts

Example essay. Last modified: 21st Sep 2021

This essay will argue that tests deployed by courts to establish certainty of objects in both fixed and discretionary trusts has functioned well....

Evolution of English Customary and Common Law

Example essay. Last modified: 6th Aug 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 ......

Examining the Intricacies of Sham Trusts

Example essay. Last modified: 14th Jun 2019

Interpretation of trusts has been a highly discussed topic for many years. Numerous court cases have focused on deciding whether an established tru......

Examples of Property Law and Trust Cases

Example essay. Last modified: 12th Aug 2019

One should assume that the trust instrument requires the house to be kept as capital and only the income to be applied for the benefit of beneficiaries....

Exemplary Damages Known as Punitive Damages

Example essay. Last modified: 7th Aug 2019

INTRODUCTION The critic will be considering on doctrine of exemplary damages also known as punitive damages by critically evaluating ......

Extrinsic Evidence

Example essay. Last modified: 8th Aug 2019

In order to give effect to the words used in the will and when meaning of these words and their application cannot be ascertained without knowing......

Family Provisions – 'moral duty/claim'

Example essay. Last modified: 12th Aug 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......

Fiduciary Relationships and Constructive Trusts

Example essay. Last modified: 14th Aug 2019

For the purpose of imposing **a constructive trust**, which of the following relationships will be treated as **fiduciary relationships**?...

For a Person to be Convicted of an Offence

Example essay. Last modified: 14th Aug 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......

Founder, History of Native Customary Law in Sabah and Sarawak

Example essay. Last modified: 20th Aug 2019

Customary law is the law of the local people as developed and handed down from time immemorial. A local word which is quite......

Four Cases of Judge Sumner

Example essay. Last modified: 8th Aug 2019

John Andrew Hamilton, Viscount Sumner (1859-1934), regarded as one of the greatest of English Judges , Lord Sumner has known in large qualities ......

General Statements of Basic Equitable Principles

Example essay. Last modified: 24th May 2019

Equity is basically a body of law as introduced by the Court of England and since been invested with equitable jurisdiction elsewhere also ......

Gifts that have been made in contemplation

Example essay. Last modified: 6th Aug 2019

The position in relation to Agatha is relatively straight forward. She has made several gifts that may be contrary to her will; however, we have ......

Granting an Equitable Allowance to the Defendant

Example essay. Last modified: 7th Aug 2019

I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping ......

Hindu Undivided Family Hindu law

Example essay. Last modified: 6th Aug 2019

Introduction The term 'Hindu undivided family' has not been defined in the Income Tax Act. 'Hindu undivided family' was included with ......

Historical Development of Trust Modern Property

Example essay. Last modified: 7th Aug 2019

In order to understand modern property law, one needs to have a basic knowledge of the law of trusts and an outline of the events in the past. The ......

History of Indian Womens' Right to Property

Example essay. Last modified: 14th Aug 2019

The legal reforms have not been adequate to give all Indian women a right to property on the same terms as male – Do you agree with the ......

How Does Equity Law Assist Common Law?

Example essay. Last modified: 14th Aug 2019

The brief discusses the Mareva Injunction from its first appearance to the development thereof into a worldwide Mareva Injunction....

In the Context of Equitable Remedies

Example essay. Last modified: 14th Aug 2019

Equitable remedies include recession and ratification, injunctions and specific performance, all of which are available from the court of equity ......

Inheritance Under Traditional Hindu Law

Example essay. Last modified: 6th Aug 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 ......

International Banking and Liable Court Cases

Example essay. Last modified: 7th Aug 2019

The parties in the case: A bank called Bigbank, a company called Alpha (incorporated in Ruritania), a company called coma, a bank called ......

Justification for Operation of a Constructive Trust

Example essay. Last modified: 7th Aug 2019

The circumstances in which there is agreement in an attempt to identify a single theoretical justification for the operation of a constructive trust....

Justification for Secret and Half Trusts

Example essay. Last modified: 14th Aug 2019

This paper will examine this justification by considering the problems that it causes and whether or not the disadvantages outweigh the benefits....

Knight v Knight

Example essay. Last modified: 14th Aug 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....

McPhail v Doulton

Example essay. Last modified: 12th Aug 2019

In order to allocate property according to the testator’s wishes, equity recognises both a trust and a power of appointment....

McPhail v Doulton (1971) AC 424

Example essay. Last modified: 7th Aug 2019

This was an appeal to the House of Lords from an order of the Court of Appeal which affirmed in part the judgement of Goff J sitting at first instance....

Notion of Corrective Justice

Example essay. Last modified: 7th Aug 2019

It will be determined whether the notion of corrective justice has been undermined by a desire to secure compensation for innocent victims ......

Problem Question - Dispositions to a Will

Example essay. Last modified: 11th Jun 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....

Reasons for the Creation of Equity and its Common Law Differences

Example essay. Last modified: 21st Sep 2021

The historical reasons behind creation of equity as a system of law and the differences that exist between equity and common law....

Secret Trusts and The Wills Act

Example essay. Last modified: 30th Sep 2021

Under the Wills Act 1837, last wishes should be made in writing, signed by the testator and witnessed by two people. However, the Secret Trust is an exception....

Solutions to Nationwide Injunctions

Example essay. Last modified: 11th Jun 2019

Part of what makes the debate over nationwide injunctions so complex is that there are powerful values on both sides of the debate....

Tangible and Intangible Property Management

Example essay. Last modified: 14th Aug 2019

A trust is a relationship whereby one person for the benefit of another manages property, including tangible and intangible. A trust is created ......

Testate Succession and Intestate Succession

Example essay. Last modified: 26th Aug 2021

The existence of the twin regimes of testate and intestate succession may reflect the wealth of a deceased person – those who have a lot to leave will generally prepare carefully for how it is to pass and to whom (as in the case of Williamson v Williamson) while those with not very much will allow it to pass to their partners and children in general with no actual preference....

The Beneficiaries

Example essay. Last modified: 6th Aug 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....

The Case of Twinsectra

Example essay. Last modified: 7th Aug 2019

Introduction This essay looks at the case of Twinsectra, most particularly Lord Millet’s views as articulated in the obiter judgement of that ......

The Differences Between Common Law and Equitable

Example essay. Last modified: 7th Aug 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 ......

The Disclosure of Trust Documents

Example essay. Last modified: 14th Aug 2019

The law has criticised and differentiate the approach, based on whether trust document should be disclosed to beneficiaries. There has been ......

The extent to which law must give way to equity

Example essay. Last modified: 6th Aug 2019

Are arguments for allowing fully secret and half secret trusts sufficiently cogent to justify the circumvention of the objectives of the Wills Act 1837?...

The Facts of Zeital One are Complicated

Example essay. Last modified: 14th Aug 2019

It was held on appeal that the deceased’s action did not pass the shares to his partner and were in fact incapable of transferring beneficial ......

The Future of Equity and Law as Separate Jurisprudential

Example essay. Last modified: 8th Aug 2019

Introduction Under Australian law, the existing non-statutory law has been divided into equity and common law....

The Hindu Succession Act

Example essay. Last modified: 19th Aug 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 ......

The Historical Development of Equity Law

Example essay. Last modified: 21st Sep 2021

The historical development of equity law and understanding that equitable principles are distinctive from but not necessarily incompatible with those of common law....

The Importance of the Law of Trusts

Example essay. Last modified: 14th Jun 2019

The law of trusts has often been referred to as one of the most important and enduring creations of the Court of Chancery, the court responsible fo......

The Law of Inheritance in Bengal

Example essay. Last modified: 8th Aug 2019

The Dayabhaga System Introduction The law of inheritance and successions in India finds its statutory roots in the Hindu Succession Act, 1956. The ......

The Mens Rea of a Crime

Example essay. Last modified: 16th Aug 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 Special Wives Equity Predicament

Example essay. Last modified: 7th Aug 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 ......

The Terms of the Trust

Example essay. Last modified: 14th Aug 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 ......

The True Purpose of Secret Trust

Example essay. Last modified: 12th Aug 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......

The United Kingdom Taxation System

Example essay. Last modified: 14th Aug 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....

There Are Two Ways to Create an Express Trust

Example essay. Last modified: 6th Aug 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......

Three Certainties to Form a Trust

Example essay. Last modified: 22nd Sep 2021

In English law it is said that a trust places one of the most powerful obligations on the trustee and as a consequence, its responsibilities ......

Trust is an Entity of Equity

Example essay. Last modified: 12th Aug 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 ......

Trustee and Investment and the Trustees Acts

Example essay. Last modified: 6th Aug 2019

The 2000 Act tried to remedy some of the deficiencies of the 1961 Act, so that investment of trust property will be less cumbersome....

Trustees powers of investment and delegation

Example essay. Last modified: 17th Jun 2019

The trustees’ investment duty is not to achieve a particular out come, but rather to invest the fund in a particular way....

Two Jurisdictions of Law and Equity

Example essay. Last modified: 12th Aug 2019

law and equity have been fused stems from the enactment of the Judicature Act...

Validity of Trusts in Regards to a Will

Example essay. Last modified: 8th Aug 2019

The validity of these trusts as set out in John’s will require observing, as in order for a valid trust the three certainties must be met unless it can be perceived as a charitable trust....