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Questions and Answers
What is the purpose of an injunction in equitable remedies?
What is the purpose of an injunction in equitable remedies?
Which of the following statements about equitable remedies is true?
Which of the following statements about equitable remedies is true?
What does specific performance compel a party to do?
What does specific performance compel a party to do?
What is the main role of rectification in equitable remedies?
What is the main role of rectification in equitable remedies?
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Which area of law has equitable principles significantly influenced?
Which area of law has equitable principles significantly influenced?
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What does equity primarily focus on in the legal context?
What does equity primarily focus on in the legal context?
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What was a limitation faced by litigants in common law courts during the twelfth century?
What was a limitation faced by litigants in common law courts during the twelfth century?
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What remedy did common law typically provide to litigants?
What remedy did common law typically provide to litigants?
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How did the role of the king relate to the dissatisfaction with common law courts?
How did the role of the king relate to the dissatisfaction with common law courts?
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What was the primary characteristic of common law that led to the development of equity?
What was the primary characteristic of common law that led to the development of equity?
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In the context of equity, what does the term 'writ' refer to?
In the context of equity, what does the term 'writ' refer to?
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Which of the following statements accurately contrasts equity and common law?
Which of the following statements accurately contrasts equity and common law?
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What was a significant development in the thirteenth century regarding common law?
What was a significant development in the thirteenth century regarding common law?
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What amount had the Reeses agreed to pay after their claim about the work being defective?
What amount had the Reeses agreed to pay after their claim about the work being defective?
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Why did Lord Denning refuse to apply the doctrine of equitable estoppel in this case?
Why did Lord Denning refuse to apply the doctrine of equitable estoppel in this case?
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What does the maxim 'He who seeks equity must do equity' imply?
What does the maxim 'He who seeks equity must do equity' imply?
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In Leaf v International Galleries, why was the claim for rescission denied?
In Leaf v International Galleries, why was the claim for rescission denied?
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What was the initial role of the Chancellor in relation to litigants?
What was the initial role of the Chancellor in relation to litigants?
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What is the primary difference between equitable rules and common law rules?
What is the primary difference between equitable rules and common law rules?
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What was the significant development that occurred by 1474 concerning the Chancellor's authority?
What was the significant development that occurred by 1474 concerning the Chancellor's authority?
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What type of justice did the Court of Chancery provide that was different from common law?
What type of justice did the Court of Chancery provide that was different from common law?
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What amount was the total bill that the Reeses initially had to settle?
What amount was the total bill that the Reeses initially had to settle?
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What remedy did the newspaper employees seek in Chappell v Times Newspapers Ltd?
What remedy did the newspaper employees seek in Chappell v Times Newspapers Ltd?
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What criticism did common lawyers have regarding the decisions made by the Court of Chancery?
What criticism did common lawyers have regarding the decisions made by the Court of Chancery?
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What must a claimant do to receive equitable relief according to the maxims?
What must a claimant do to receive equitable relief according to the maxims?
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How did the Court of Chancery differ from common law courts in terms of evidence?
How did the Court of Chancery differ from common law courts in terms of evidence?
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What was a common view regarding the inflexibility of legal rules?
What was a common view regarding the inflexibility of legal rules?
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What was one of the roles of the Chancellor as the keeper of the king's conscience?
What was one of the roles of the Chancellor as the keeper of the king's conscience?
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Which of the following statements represents a characteristic of the Court of Chancery?
Which of the following statements represents a characteristic of the Court of Chancery?
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What role did the Court of Chancery play in relation to common law rights?
What role did the Court of Chancery play in relation to common law rights?
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What was a significant change in the appointment of the Lord Chancellor by the nineteenth century?
What was a significant change in the appointment of the Lord Chancellor by the nineteenth century?
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What did the Judicature Acts of 1873-75 accomplish regarding equity and common law?
What did the Judicature Acts of 1873-75 accomplish regarding equity and common law?
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How are the rules of equity distinguished from common law?
How are the rules of equity distinguished from common law?
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What does the maxim 'He who comes to equity must come with clean hands' imply?
What does the maxim 'He who comes to equity must come with clean hands' imply?
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Which statement accurately reflects the relationship between common law and equity?
Which statement accurately reflects the relationship between common law and equity?
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What was one effect of equity being ruled by precedent?
What was one effect of equity being ruled by precedent?
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What must be true for equitable rules to be applied?
What must be true for equitable rules to be applied?
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Study Notes
Introduction to Equity
- Equity is a system of law that adds to common law, focused on fairness and natural justice
- Equity is a separate branch of English law
- Equity and common law are both forms of law
Origins of Equity
- Common law developed after the Norman Conquest through traveling judges
- By the 12th century, common law courts developed, using writs to initiate legal actions
- Writs were designed for specific situations, but in the 13th century writ creation became restricted. Early, cases couldn't be pursued in common law courts if they didn't fit into a pre-established writ. This restricted what actions could be brought to court.
- Common law remedies were often limited to damages; this wasn't always adequate, especially for cases involving land
- Many dissatisfied individuals petitioned the king, who passed these to the chancellor, leading to the court of Chancery
- Chancellor decisions were based on fairness and conscience, not precedent
Common Law and Equity
- The court of Chancery gained popularity, leading to resentment among common law lawyers.
- Chancery's approach differed from common law; decisions varied with the chancellor, making justice seem arbitrary
- Judicature Acts of 1873-75 fused common law and equity, merging their administration in the same courts
- Common law and equity rules remain distinct, with equity prevailing in conflicts between the two systems
Equitable Maxims
- Equitable maxims guide equitable decision-making to ensure fairness and morality.
- "He who comes to equity must come with clean hands": A claimant seeking equitable relief cannot have acted wrongly themselves.
- "He who seeks equity must do equity": If seeking equitable relief, the petitioner must treat the other party fairly (e.g., in the Chappell v Times Newspapers case, strikers had to stop striking for the injunction to be granted).
- "Delay defeats equity": Unreasonable delay in pursuing equitable relief may render it unavailable
- Examples were provided of the situations where a claimant is coming to court with clean hands and how equity does not help those who are not coming to court with clean hands.
Equitable Remedies
- Equity provides additional remedies beyond common law
- Examples of equitable remedies include injunctions, specific performance, rectification, and rescission
- Equitable remedies are discretionary; courts may or may not grant them, unlike common law
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Description
Explore the fundamental concepts of equity law in this quiz. Learn how equity complements common law and understand its origins, including the establishment of the court of Chancery. This quiz will help reinforce your knowledge of legal principles focused on fairness and natural justice.
