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Equity and Trusts Class Notes
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Equity and Trusts Class Notes

LAWS2385 - Equity and Trusts

99 Pages Complete Study Notes Year: Pre-2018

2016S1 Lecturer: Selwyn Selikowitz • Books are lawyer’s tools! • Equity originally from Greek A concern of unconscionable behaviour • The history of England law • The need of law to be applied commonly • Court of Pleas – King’s Bench – Exchequer - The importance of precedent for prediction • This made the inflexibility in common law • E.g. damage was the only compensation in tort • So litigants firstly created common law 7 writs • Yet novel cases cannot be solved out of 7 kinds of writs • The Chancellor created a new remedy in compensation • Common injunction was also developed in estoppel system • The test is how to be fair and equitable and stop unconscionableness • The punishment operated well for religion factor - The Court of Chancellor • The introduction of the ‘use of previous use’ • And the common injunction in the situation that common law judgment was not carried out or should not be carried out in a fair sense • However, it made equity unpredictable for wide flexibility • “Equity is as long as chancellor’s foot” Edited by Zach 1 • • - • • The past of Judicature Act 1973, which remained two distinction of law meanwhile awarded the application of 2 law for each other Equity should prevail common law In Aust.’s colonial time, England law applied NSW remained not adopted the JA until 1992 Nowadays, courts exercise 3 jurisdictions: exclusive-equity, concurrent-common law - equity helping/supporting common law


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