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Topic 1: Introduction to Equity / History and Nature of Equity
70517 - Equity and Trusts
13 Pages • Topic Notes • Year: Pre-2021
Introduction: 2 A. WHAT IS EQUITY? 2 B. THE NATURE OF EQUITY 3 C. GENERAL COMPARISON between EQUITY & COMMON LAW 4 D. HISTORY OF EQUITY 4 (a) Medieval period 5 (b) Formative period 5 (c) Systemization period 6 E. THE MAXIMS OF EQUITY 7 F. THE JUDICATURE SYSTEM 8 (a) Equity and CL before the Judicature Act 8 (b) Classification of the equitable jurisdiction 8 (c) The administration of Equity in N.S.W. before the Judicature system 8 (d) Division between Equity & CL before the Judicature system 8 (e) The Judicature Act (1873) and concurrent procedure 8 (f) The Judicature system in Australia 9 G. THE “FUSION FALLACY” THEORY 9 (c) Administrative/ procedural fusion 9 (d) Substantive fusion 10 Criticism against the “substantive fusion” theory 11 Support for the “substantive fusion” theory 11 (e) “Fusion fallacy” defined 11 (f) Examples of “fusion fallacies” 12 Compensation for breach of fiduciary obligations 12 Common Law Damages in Equity? 12 (g) Final remarks on the effect of the Judicature system 13
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