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93 Pages • Complete Study Notes • Year: Pre-2019
Equity Lecture Week 1 1. Development of Equity; the Nature of Equitable Interests (a) Development of Equity • In England in 11th century, there was a system of CL courts and it was in its own way a complete legal system. However, 2 things that were wrong with that system – 1) Remedies granted by CL courts were of a limited range. 2) System although complete was very unjust in some cases because it did not act on the D’s conscience. • Equity then stepped in to supplement range of CL remedies and corrected injustices of CL system E.g. of equity supplementing remedies of CL – Remedy of specific performance which is equitable. At CL if breach of contract for the sale of land, CL could only give innocent party damages but equity could order SP against guilty party.
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