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Unlocking Equity and Trusts
Mohamed Ramjohn
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eBook - PDF
Unlocking Equity and Trusts
Mohamed Ramjohn
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About This Book
Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on Equity and Trusts.
Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authorities
Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment.
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18
HISTORICAL
OUTLINES
OF
EQUITY
Further
reading
Mason,
A,
‘The
place
of
equity
and
equitable
remedies
in
contemporary
society’
(1994)
110
LQR
238.
Winder,
W,
‘Precedent
in
equity’
(1941)
57
LQR
245.
•
State
the
response
by
Parliament:
•
The
Statute
of
Uses
1535
was
passed
with
the
aim
of
limiting
the
use
by
executing
it
in
favour
of
the
cestui
que
trust
.
•
Consider
the
technique
adopted
to
avoid
the
Statute
of
Uses
1535,
e.g.:
•
By
a
drafting
device
a
second
use
was
created.
This
was
known
as
a
‘use
upon
a
use’
and
this
use
later
became
a
trust.
•
Consider
the
nineteenth-century
reforms:
•
The
Judicature
Acts
1873/75
fused
the
administration
of
law
and
equity.
•
Thus
it
is
arguable
that
the
creative
nature
of
equity
disappeared
with
the
introduction
of
the
Judicature
Acts.
•
The
position
where
rules
of
law
and
equity
conflict.
CONCLUSION