Search for over 100,000 study notes and past assignments!
Download study resources by swapping your own or buying Exchange Credits.
Equity and Trusts Class Notes
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
This document is 50 Exchange Credits
More about this document:
This document has been hand checked
Every document on Thinkswap has been meticulously hand checked to make sure it's correctly described and categorised. No wading through heaps of irrelevant content.
This is a Complete Set of Study Notes
Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.
What are Exchange Credits?
Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive credits. These can then be used to checkout other documents on Thinkswap.
We aren't happy till you're happy
Each document purchased on Thinkswap is covered by our Satisfaction Guarantee policy. If the document is not of an acceptable quality or the document was incorrectly described or categorised, Thinkswap will provide a full refund of Exchange Credits so you can purchase another document. For more information please click here.
Students are required to always deal ethically with work on Thinkswap
Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.
This document is the prior work of another student and has been made available to plagiarism detection tools. Do not copy from this work. Understand how you can responsibly use this work by visiting ‘Using Thinkswap resources correctly’.
Claim a Bounty
Similar documents to "Equity and Trusts Class Notes" avaliable on Thinkswap
Documents similar to "Equity and Trusts Class Notes" are suggested based on similar topic fingerprints from a variety of other Thinkswap Subjects