EQUITY EXAM NOTES INTRODUCTION Definition of equity • The separate body of law, developed in the Court of Chancery, which supplements, corrects, and controls the rules of common law. (Butterworths) Judicature System • Supreme Court Act s 29 (1) o Law and equity to be concurrently administered • Rules of equity prevail if there is a conflict between rules of equity and rules of the common law concerning the same matter • Fusion Fallacy o The fusing of the administration of law and equity does not mean that the fusion of law and equitable doctrines has occurred o Examples: • Doctrine in Walsh v Lonsdale: Agreement for a lease is as good as a lease • Breach of confidence: No need to establish detriment Modern equity • Exclusive jurisdiction: Certain causes of action which arose only in equity • Availability of remedies o Some remedies: Only available for equity’s exclusive causes of action o Other remedies: Available in relation to common law (auxiliary jurisdiction) • Two types of remedies o Personal remedies: Attach to the person o Proprietary remedies: Attach to property • Constructive trust: Only available if a breach of fiduciary duty • Remedies are discretionary o Making out cause of action does not guarantee specific outcome