Law Essays:Law of Equity Problem Questions
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Meaning of Equity:
- Equity means 'fair' or 'just' in a wider sense of the word.
- In law, equity exists to restore the natural justice within the courtroom, and follow a set of rules, which operate on a harsh level.
- In a court of law, the most common civil remedy which can be offered is monetary damage.
- With equity law, remedies most commonly consist of non-monetary settlements, such as a Mareva Injunction (freezing assets)
Introduction:
- Equity is a branch of law, pertaining to a particular set of legal principles.
- It only exists in countries which follow the English common law tradition.
- Equity law often enters injunctions or decrees.
- Equity law functions to either direct or forbid somebody to act a certain way.
- Equity law deals with non-monetary relief, and does deal with:
- Injunctions
- Declaratory Judgement
- Specific Performance
- Modification of Contract
- Other Non-Monetary Relief Options (see below)
Principle Remedies in Equity Law:
- Injunctions:
- (common reasons for this may include, stalking, domestic violence, harassment, bullying, trademark infringement, copyright infringement and criminal contempt.)
An Injunction Case on Law Teacher | Explanation of Remedies / Injunctions
- (common reasons for this may include, stalking, domestic violence, harassment, bullying, trademark infringement, copyright infringement and criminal contempt.)
- Specific Performance:
- (common reasons include contracts being vague, unconscionable contracts, contracts requiring constant supervision or lacking in mutuality.)
A Relevant Case on Law Teacher | Explanation of Remedies / Specific Performance
- (common reasons include contracts being vague, unconscionable contracts, contracts requiring constant supervision or lacking in mutuality.)
- Recission:
- (courts voiding contracts for errors, for good cause.) Recission Case on Law Teacher
- (courts voiding contracts for errors, for good cause.) Recission Case on Law Teacher
- Rectification:
- (courts editing written documents in order to ensure they reflect what it ought to have said in the first place.) A Rectification Case on Law Teacher.
- (courts editing written documents in order to ensure they reflect what it ought to have said in the first place.) A Rectification Case on Law Teacher.
- Estoppel:
- (a defense that prevents a representor from enforcing legal rights, or from relying on a set of facts that would give rise to enforceable rights (e.g. words said or actions performed) if that enforcement or reliance would be unfair to the representee.) An Estoppel Case on Law Teacher.
- (a defense that prevents a representor from enforcing legal rights, or from relying on a set of facts that would give rise to enforceable rights (e.g. words said or actions performed) if that enforcement or reliance would be unfair to the representee.) An Estoppel Case on Law Teacher.
- Certain Propriety Remedies, Such As Constructive Trusts:
- (usually a breach of fiduciary duty) 'A fiduciary duty is a duty of loyalty and trust owed in various situations. Where a fiduciary makes a profit in breach of that duty, usually by using privileged information or diverting a profit making opportunity to himself instead of the person to whom the duty is owed, the profit is held on constructive trust for the person to whom the duty is owed'. (wikipedia.com) Constructive Trusts & Family Law | A Constructive Trust Case
- (usually a breach of fiduciary duty) 'A fiduciary duty is a duty of loyalty and trust owed in various situations. Where a fiduciary makes a profit in breach of that duty, usually by using privileged information or diverting a profit making opportunity to himself instead of the person to whom the duty is owed, the profit is held on constructive trust for the person to whom the duty is owed'. (wikipedia.com) Constructive Trusts & Family Law | A Constructive Trust Case
- Subrogation:
- (Usually applies to insurance, one party steps into another persons 'shoes' See subrogation for a clear explanation') A Subrogation Case on Law Teacher.
- (Usually applies to insurance, one party steps into another persons 'shoes' See subrogation for a clear explanation') A Subrogation Case on Law Teacher.
- In some circumstances, Equitable Lien
- See Equitable Lien for more information. An Equitable Lien Case
- See Equitable Lien for more information. An Equitable Lien Case
A Sample Equity Problem Question: -
- Jim and Laura were going on holiday together. Their coach was delayed due to weather problems, which had caused a tree to block the road. The coach company, (totalcoaches.com) wished to prevent their customers from getting too annoyed, so they were given free food and drinks and a game card at random which would give them the opportunity to win a holiday. Laura understood the game, but Jim was having problems. Laura offered to help him on condition that if he won, he would take her as his partner on the holiday. Jim agreed and Laura showed him exactly what to do. Jim won the prize, but by this time he was informed of the prize-winning holiday, he had a new girlfriend, Janette. Jim is refusing to take Laura on the prize-winning holiday, but Laura has been advised that a trust might have been created over the prize and that she is a beneficiary.
- Is this correct? Advise Laura.
