Questions and Answers
What does the term 'repugnancy' refer to?
Equity is a written collection of laws.
False
What is a primary exception when customary law and equity clash?
When in conflict with the Constitution.
What is the primary purpose of the Underlying Law Act, 2000?
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Equity will not suffer a wrong to be without a _____
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Equity acts in _____ or persons.
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Which of the following maxims states, 'Equity imputes an intent to fulfill an obligation'?
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What is the effect of equity on common law?
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If one who seeks equity must do _____
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Match the following cases with their respective issues:
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Study Notes
Reception of Equity
- Main Rule SCR: No 2 of 1992 PNGLR 336 asserts legislation as the primary source of law.
- Exceptions in PNG Constitution emphasize justice, natural principles, and necessary orders:
- Section 158(2): "Paramountcy of justice" in law application.
- Section 41: Courts can declare lawful actions unlawful if harsh or oppressive.
- Sections 59 and 60: Focus on natural justice principles in underlying law.
- Section 155(4): Courts possess the authority to issue orders essential for justice.
Adoption and Adaptation of Equity
- Adopt equity only when no underlying law exists; the Underlying Law Act, 2000 stipulates this.
- Equity applied in law questions, not facts.
- Common law can be adopted when it aligns with customary law.
- Customary law and equity can conflict, as seen in Magiten v Beggie PNGLR 1.
Interaction of Custom and Repugnancy
- Customs Recognition Act Ch 19 requires raising custom during pleadings.
- Repugnancy signifies inconsistency in ideas/statements, relevant in specific cases:
- Magiten v Beggie: marriage issues for female widows.
- Kaigo v Kurond: land ownership through war.
- Kupil v PNG: lethal consequences of non-compensation payment.
Summary of Principles of Equity
- Equity comprises a collection of principles; it exists but isn't codified as law.
- Serves as a formal legal mechanism with remedies as behavioral sanctions.
- Equity supersedes Common Law while being superseded by Customary Law, except under the Constitution.
Equity's Role in Customary Law
- Equity can supplement customary law, with several examples for review.
Prescription Doctrine
- A method of acquiring land interests through long-term continuous use.
- Internationally relates to land sovereignty transfer.
- Nationally involves expropriation, ancestral claims, and private property considerations (easement).
Customary Ownership and Lineage
- In Nimp v Rumants PNGLR 96, sales of land require clan member consent, indicating collective ownership.
- Clan members serve as trustees for joint property agreements.
Maxims of Equity
- Equity principles include guidelines for achieving justice and fairness in legal proceedings.
- First six maxims highlight notions of obligation, intention, and equitable remedies:
- Equity sees determined intentions as completed actions.
- No wrong remains without a remedy.
- Equity embodies equality principles.
- Seekers of equity must reciprocate equity.
- Intent holds more significance than formalities.
- Intent to fulfill obligations is assumed.
Continued Maxims of Equity
- The latter six maxims emphasize the relationship between equity and law, including:
- Equity adheres to the law.
- Law prevails where equities are equal.
- Prioritization by time of claims in equitable situations.
- Statutes won't shield fraudulent actions.
- Equity acts on individuals.
- Clean hands principle: one must come to equity without wrongdoing.
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Description
This quiz covers key topics in Equity and Trust law, focusing on the reception of equity and its role within the legal framework of Papua New Guinea. It examines main rules, exceptions as stated in the constitution, and the paramountcy of justice in legal applications. Test your understanding of these crucial aspects of legal principles.
