100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Further Information on Equity Summary Notes- Equity and Trusts $5.15
Add to cart

Summary

Further Information on Equity Summary Notes- Equity and Trusts

 4 views  0 purchase
  • Course
  • Institution
  • Book

These are notes on equity created in 2019. They follow a structured format which condenses the relevant case law, statutory provisions and academic opinion that are relevant to the topic to aid with exam revision.

Preview 1 out of 1  pages

  • Yes
  • April 30, 2021
  • 1
  • 2019/2020
  • Summary
avatar-seller
Further information on equity Burrows- (Academic) described 3 categories of legal issues:

What is equity? 1. Where common law and equity co-exist – but are kept
separate
 St German (Academic)- Focus on equity as a device of  In this category the distinction is necessary because the
legal interpretation which softens the letter of the law to trust instrument contains the split of the legal title as
perfect its just intention also known as natural law well as the inclusion of equity’s darling
 Hobbes (Academic)- The focus is on the discretionary 2. Where common law and equity co-exist separately – but
powers exercised by an absolute sovereign their separation is no longer helpful or even needed
(monarch/parliament)  Law on undue influence
Substantive fusion: three views:  Common law- contract is voidable whilst equity relief
can be found
 Professor Ashburner (Academic) – (Not merged) The  Law of mistakes in contact
two streams of the jurisdiction though they run in the  Under common law, a serious mistake can lead a
same channel, run side by side and do not mingle waters contract to be void whilst under equity it is voidable
 USH v Burnley- (merged) The waters of the confluent  Where the common law and equity do not exist
streams of law and equity have surely mingled by now coherently
 Elders Pastoral v Bank of New Zealand- (Hybrid  Change in the law is required- e.g. Tracing
argument)- there has been a harmonious development
of the two areas William Blackstone’s (Academic)

Meagher- Academic- Fusion Fallacy:  Law and equity differ only “in the forms and mode of
their proceedings”
 The judicature acts fused law and equity to develop a  They both follow “the spirit of the rule” rather than “the
new body of principles which is neither common law or strictness of the letter”.
equitable but a new legal theory  Represents that there might be a need to move away
 Crabb v Arun DC- Both Law and Equity seek the same from the concept of having two different areas of law
result but are different

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller BigH. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $5.15. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$5.15
  • (0)
Add to cart
Added