Hi fellow law students, i am sharing pdf notes, book and ebook for the subject equitable remedies for llb and ba. The maxims of equity and its application in pakistan introduction equity is a legal system for obtaining a fair result when existing laws do not provide solution. Equity lecture notes before 1066 all laws were local and enforced in the manorial, shire and hundred courts. These notes are the equity and trust law notes for the graduate diploma in law gdl course at city, university of london in the 201617 academic year. Pdf equity and trusts lecturer series in uganda, by mr. A collection of law, finance and technology notes that cover a wide range of subject matter. Our topic notes cover a fascinating spectrum of issues, including trespass, negligence, nuisance, and defamation. Trusts and equity lecture notes lecture notes, lectures 1 10. Click download or read online button to get course notes equity and trusts book now. Aug 09, 2015 llb notesparti law of equity and specific relief.
Thanks to the ridiculous reading requirements of law school, preparing exam notes will always occupy a significant amount of time towards the end of. The attorneygeneral, sir francis bacon, determined that when there are conflicts between the rules of common law and equity, the rules of equity should prevail. This module will examine the different interests that a person may have in land and how the law seeks to resolve conflicts through statute, common. The idea behind these notes is that people can get access to solid summaries and not have to stress out about typing them up. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Contract law covers the formation of contractual relations, the requirements for enforceability, the rights of third parties, interpretation of contracts, vitiating factors and remedies.
Origin and development of equity linkedin slideshare. Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. Abstract one of the most remarkedupon achievements of the first restatement of the law of restitution was the consolidation into a single treatment of all of the law that concerned the reporters, whether it came from common law or equity. A concept of fairness a latin reference to balance but in a legal context it has two primary references. It looks to facilitate how an owner of land may use it or moderate how others do so. Equity follows the law respects and recognizes legal ownership, but steps in where necessary re macdonald, pro swing, canson equity will not suffer a wrong wo a remedy i. For much of its history, the english common law was principally developed and administered in the central royal courts. A set of equitable maxims were developed they are general guidelines, which have been followed by courts of equity in applying equitable principles and devising equitable doctrine. Equity has no clash with law neither it overrides the provisions of law.
I have decided to release my all my university notes online in. Free equity and trusts law books download ebooks online. The pakistan penal code, 1860 and the hudood laws, 1979. Under the normans, royal courts began to emerge from the kings. Pdf fe1 night before notes equity law philip burke. Pdf maxims of equity and its applications in pakistan naveed.
The law of equity and trusts introduction to equity maitland said in 1936, if we were asked what is. In a publication to celebrate the law schools centenary in 1990 gummow j attributed much to the fact that throughout the history of the law school the teaching of equity had been marked by. Maxims of equity 40 marksthe specific relief act, 1877 60 markscourse contents maxims of equitythe specific relief act, 1877. There has been a dramatic increase in the activities of government during the last hundred years. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties.
Oct 04, 2015 hi fellow law students, i am sharing pdf notes, book and ebook for the subject equitable remedies for llb and ba. Browse our product catalogue and lecturer resources. The law of equity is a set of rules created by the courts of chancery in order to mitigate the harshness of the common law system. The relationship between common law and equity bizfluent. The law of equity until 1873 was administered by the court of chancery before the passing of the first judicature act 1873 there were two different court systems in england 1 the common law courts which dealt with the common law and 2 the court of chancery which dealt with the law of equity therefore, until 1873 the claimant had to. Exam notes, exam summaries or study notes whatever you call them, they are the savior of law students. There is a large equity problem worth a total of 30 marks 2. Equitable remedies revision notes, book, ebook for llblaw. Equity respected every word of law and every right at law but where the law was defective, in those instances, these common law rights were controlled by recognition of equitable rights. Undue influence, unconscionable conduct and estoppel. There is a large trusts problem worth a total of 30 marks 3. Sep 02, 2016 equity follows the law this principle was established to state that equity works alongside the law as opposed to the idea that it competes with the rules set out in the legal system.
Common law was based on the customs and traditions that governed england, and the royal courts were in charge of ensuring the proper administration of these laws. Trusts law notes, cases, and past papers digestible notes. Equity follows the law this principle was established to state that equity works alongside the law as opposed to the idea that it competes with the rules set out in the legal system. Equity practitioners who taught the subject at what was, between 1890 and 1971, the states only university law school at the university of sydney. History shows how equitys doctrines and remedies have evolved, revealing broad trends and. Rather, equity refers to a body of principles that are enforced by courts having a formal jurisdiction to do so. Extending the constructive trust to cover bribes and secret commissions, which are obtained by a fiduciary, is an example of the courts fulfilling their role in equity. Equity is not past the age of childbearing introduction.
Trusts and equity lecture notes lecture notes, lectures. Law study notes equity and trust griffith universityjins. The maxims of equity evolved, in latin and eventually translated into english, as the principles applied by courts of equity in deciding cases before them. This is my condensed revision guide on the law of equity and trusts, which include case summaries, statutory references and summaries of textbooks. What is equity law definition, history, common law vs. The goal of equity and law is the same, but due to their nature and due to historic accident they chose different paths.
This site is like a library, use search box in the widget to get ebook that you want. The notes are also in chronological order in terms of syllabus at city law school. There is no truly satisfactory explanation of the resulting trust in the law of england and wales. Posted on august 9, 2015 categories llb parti leave a comment on llb notesparti law of equity and specific relief llb notesparti criminal law. Mr walker sought to have the frazers removed from the property but mr frazer after realising what had occurred sought to have both the mortgage and the radomskis interest in the property removed from the register. The origin and nature of equity and its relationship with the common law what is equity. Trusts law 463 fall term 20 introductory notes law. Equity might be described as softening or correcting the common law. Dec 11, 2017 equity is able to provide a diversity of remedies to supplement the common law and cure its inadequacies. Ii a history of equity a introduction understanding the history of equity is an important guide to analysing its application in case law.
The aims of this book are to ensure that students understand and are able to assess critically. Trusts and equity lecture notes lecture notes, lectures 1. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties conduct and worthiness. The case for promoting equity in developing countries 19 4. In the 18th century equity was composed as a legal system and up to 1873 there remained two separate systems of courts namely 1. History illustrates the values that shape equitys application and future development.
This was a bill to discover owner of lighter, to enable. What is equity equity is a legal system for obtaining a fair result when existing laws do not provide a solution equity is the set of legal principles that supplement strict rules of law where their application would operate harshly according to osborne it is. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india. A fundamental maxim, frequently stated, is that equity follows the law. Lecture 16 introduction to equity linkedin slideshare. Law, equity, justice, civil law, common law, wrong, equality, institutions, reforms, officials. Law and equity 6 uni textbooks, tutors, notes, subject.
He who seeks equity must do equity the person who seeks an equitable remedy should be prepared to be fair and equitable to the defending party. Not obtainable in law notes that the inadequacy and rigidity of common law which equity came to cure. Among the key targets are discovery abuse,7 expense and delay, excessive judicial power and discretion, excessive court. Jun 25, 2015 in this way, two courts common law court and chancery court judged parallel in that time. It has a light and engaging conversational style, together with clear and logical presentation of materials, using paragraph numbers for. The law of equity began in the court of chancery which was set up because a fair and just remedy could not be given through common law as monetary compensation was not suitable and sometimes a well deserving plaintiff was denied because the writs where quite narrow and rigid.
Jun 03, 2014 the law of equity until 1873 was administered by the court of chancery before the passing of the first judicature act 1873 there were two different court systems in england 1 the common law courts which dealt with the common law and 2 the court of chancery which dealt with the law of equity therefore, until 1873 the claimant had to. Pdf the law of trusts notes alfred koffide academia. How equity conquered common law now the federal rules and adjudication of civil disputes are under attack. The maxims do not cover the whole ground, and moreover they overlap, one maxim contains by implication what belongs to. Before 1066 all laws were local and enforced in the manorial, shire and. In jurisdictions following the english common law system, equity is the body of law which was developed in the english court of chancery and which is now administered concurrently with the common law for much of its history, the english common law was principally developed and administered in the central royal courts. The judicature reforms in the 1870s effected a procedural fusion of. Equity and trusts law revision notes 20192020 is an uptodate text designed to give you an introduction to a complex area of law, along with exam guidance as to how topics might be assessed.
A body of law that has emerged within the chancery jurisdiction which was separate from the. By the end of 14th century, common law had become static and ceased to respond to changed social conditions. Equity in this context does not mean social fairness, its contemporary meaning. It has 188 pages altogether and includes a comprehensive allyouneedtoknow notes and information for the entire year. Read pdf a general abridgment of law and equity volume. It may mean that equity adopts and follows the rules of law in all cases to which those rules may in terms be applicable. View notes fullexam notes summary equity andtrusts 1. Consider how aristotle defines and discusses equity. Section 104a of the revised uniform partnership act, for example, indicates that unless displaced by particular provisions of this act, the principles of law and equity supplement this. On protection of the promisees reliance interest, see infra notes 154159 and accompanying text. Administrative appeals tribunal act 1975 australia.
These notes were drafted in 2014, though you should check your reading list for any. First class fe1 notes and sample answers typed and pdf for. Course notes equity and trusts download ebook pdf, epub. Equity was the name given to the law which was administered in the court of chancery.
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