Equity

Initially equity was describes as what?

"Claims presented to the chancellor where for some reason the petitioner could not get a remedy in the common law courts" (because NOT legally wrong)

What did the rule of equity that was developed surrounded trusts state?

"court of chancery can force the son to hold the money in a trust for grandson and son cannot spend on himself"

Equity is NOT based on..

"formal law"

The general meaning of equity changed over time, in 1875 it could have been described as what?

"the body of rules"

The rule of equity which developed surrounding injunctions stated what?

"the court of chancery can issue and injunction prohibiting (say the action of one cutting down a wind shielding tree on their own property) until the common law court makes the decision"

Claims that were made to the king, to do the 'right' thing were for what?

"the love of god and in the way of charity"

Two examples of equity are:

- Trusts - Injunctions

Equity was not based on ... law, but rather...?

1) Formal 2) underlying conceptions of fairness and justice

what happened in 1858 surrounding Equity?

1858: Chancery Ammendment Act- which allowed the courts of equity to make common law awards of damages instead of equitable remedies.

The Judicature Act 1873-75, stated what?

ANY court can now apply principles of common law and principles of equity AND can award cash damages or equitable damages.

Without the operation of the judicature acts, (which abolished equity), equity would have only been..

Administered by a former court of Equity.

What is an example of equity and common law almost working as one toegther?

Code of Hammurabi and the Ten Commandments.

In what situation does common law apply?

If there is no legislation, or the judge does not make a rule of equity (which can override common law principles).

Common Law was then defined as more significant due to what?

It can be applied to a WIDER variety of cases.

in 1873-75 What act combined the courts of Equity and common law?

Judicature Acts.

Key dates of Equity: 1616 what happened?

King James I ruled that the application of Equity takes precedence over the application of Common Law.

In 1616 who ruled what about the application of Equity?

King James ruled that the application of equity is to take precedence over the common law application.

In both of these ancient laws (code of Hammurabi and ten commandments) there is little/if any distinction between what?

Law and morality

Precedence of law= what?

Legislation> Equity> Common Law

In these days, what were the basis of the legal system?

Religion and the notions of right and wrong.

There has always been ... between common courts and equity courts

Tension

After the common courts and courts of equity combined, today equity can be defined as:

The body of rules, administered by our english courts of justice.

What is equity?

The quality of being fair and impartial

A grandfather who leaves an inheritance for his son to pay for his grandsons education, but then the son spends on himself is an e.g of what kind of equity?

Trusts

What was the contingent factor about the relationship between Equity and Common law

Who was the king at the time of the ruling

Initially having existed side by side, it was... that gave equity precedence over common law

due to conflict