Equity Law Essays

Battery Is an Intentional Unpermitted Act
Example essay. Last modified: 12th Sep 2024
Introduction: To determine whether Paul is entitled to recover against Dina for assault, we first look into details on what actually amounts to assault ......

Earl of Oxford Case: Conflict between Common Law and Equity
Example essay. Last modified: 30th Sep 2021
Introduction: The Earl of Oxford’s case of 1615 occupies a rather unique position in the development of the English legal system....

Secret Trusts and The Wills Act
Example essay. Last modified: 30th Sep 2021
Introduction: Under the Wills Act 1837, last wishes should be made in writing, signed by the testator and witnessed by two people. However, the Secret Trust is an exception....

Creation of a Trust
Example essay. Last modified: 22nd Sep 2021
Introduction: A trust can come into existence in any manner, by an instrument in writing, by a unilateral declaration, by operation of law and also by oral declaration....

Development of Equity Law in India
Example essay. Last modified: 22nd Sep 2021
Introduction: The scope of this paper is trace the history and development of equity and also its current relevance primarily for Indian legal system....

Conceptual and Evidential Certainty in Trusts
Example essay. Last modified: 22nd Sep 2021
Introduction: Conceptual certainty is required to administer fixed and discretionary trusts but when it comes to evidential certainty there is a difference between the types of trust....

Three Certainties to Form a Trust
Example essay. Last modified: 22nd Sep 2021
Introduction:  In English law it is said that a trust places one of the most powerful obligations on the trustee and as a consequence, its responsibilities ......

Reasons for the Creation of Equity and its Common Law Differences
Example essay. Last modified: 21st Sep 2021
Introduction: The historical reasons behind creation of equity as a system of law and the differences that exist between equity and common law....

Establishing Certainty of Objects in Trusts
Example essay. Last modified: 21st Sep 2021
Introduction: This essay will argue that tests deployed by courts to establish certainty of objects in both fixed and discretionary trusts has functioned well....

The Historical Development of Equity Law
Example essay. Last modified: 21st Sep 2021
Introduction: The historical development of equity law and understanding that equitable principles are distinctive from but not necessarily incompatible with those of common law....

Differences Between Common Law and Equity
Example essay. Last modified: 21st Sep 2021
Introduction: Common law and equitable rights have two different functions. We look at the differences between common law and equitable rights....

Testate Succession and Intestate Succession
Example essay. Last modified: 26th Aug 2021
Introduction: The existence of the twin regimes of testate and intestate succession may reflect the wealth of a deceased person – those who have a lot to leave will generally prepare carefully for how it is to pass and to whom (as in the case of Williamson v Williamson) while those with not very much will allow it to pass to their partners and children in general with no actual preference....

Problem Question - Dispositions to a Will
Example essay. Last modified: 11th Jun 2021
Introduction: When considering any disposition it is paramount to interpret it in such way that most effectively fulfils the testator’s intention and to ensure that the true intention is not exposed to any injustices that could alter the original meaning....

Equity is a Separate System of Law
Example essay. Last modified: 3rd Dec 2020
Introduction: Above statement clearly emphasize the fact that the equity is a separate system of law and it also moderate the common law and helps to soft the common law....

Equity Had to Supplement the Common Law
Example essay. Last modified: 3rd Dec 2020
Introduction: The concept of equity derived in order to balance fair results in some individual circumstances. In the past there were some strict decisions in ......

Concept of Unconscionably Basis for Estoppel
Example essay. Last modified: 23rd Nov 2020
Introduction: Introduction. The concept of unconscionably as a basis for estoppel is a fairly recent concept adopted by the courts. While the courts of Chancery ......

Conveyancer and Property Lawyer Perfecting Imperfect
Example essay. Last modified: 23rd Nov 2020
Introduction: Margaret Halliwell Subject: Equity. Other related subjects: Company law. Trusts Keywords: Declarations of trust; Execution; Gifts; Share transfers......

Founder, History of Native Customary Law in Sabah and Sarawak
Example essay. Last modified: 20th Aug 2019
Introduction: Customary law is the law of the local people as developed and handed down from time immemorial. A local word which is quite......

The Hindu Succession Act
Example essay. Last modified: 19th Aug 2019
Introduction: INTRODUCTION The term Hindu Undivided Family has not been defined under the Income Tax Act? It is defined under the Hindu Law as a family that ......

The Mens Rea of a Crime
Example essay. Last modified: 16th Aug 2019
Introduction: The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. Mens Rea ......

A Trust Is an Obligation Which Binds a Person
Example essay. Last modified: 14th Aug 2019
Introduction: A trust is an obligation which binds a person (or persons) to deal with property for the benefit of beneficiaries or for a charitable purpose in ac......

The Facts of Zeital One are Complicated
Example essay. Last modified: 14th Aug 2019
Introduction: It was held on appeal that the deceased’s action did not pass the shares to his partner and were in fact incapable of transferring beneficial ......

The Disclosure of Trust Documents
Example essay. Last modified: 14th Aug 2019
Introduction: The law has criticised and differentiate the approach, based on whether trust document should be disclosed to beneficiaries. There has been ......

Fiduciary Relationships and Constructive Trusts
Example essay. Last modified: 14th Aug 2019
Introduction: For the purpose of imposing **a constructive trust**, which of the following relationships will be treated as **fiduciary relationships**?...

How Does Equity Law Assist Common Law?
Example essay. Last modified: 14th Aug 2019
Introduction: The brief discusses the Mareva Injunction from its first appearance to the development thereof into a worldwide Mareva Injunction....