Equity

Question 1

Supreme Court of Judicature Act 1877

Answer 1

Unified equitable and legal systems, creating a single court framework

Question 2

Jane Tyrell’s case

Answer 2

Executed the use from the grantor and the cestui que use, leaving the property solely to the feofee

Question 3

Sambach v Datson

Answer 3

The modern trust - executed the use from the grantor but allowed the cestui que use to maintain their equitable interest

Question 4

Walsh v Lonsdale

Answer 4

Court balanced this dispute equitably. No lease was signed but Walsh took possession of a loom factory, paying rent based on a minimum of 540 looms being sold a year. Lonsdale demanded that he pay a year of rent in advance and seized his goods. Walsh paid quarterly and argued he couldn’t do this - there was no lease signed, there was no set rent a year and there was no grounds for distress. Court balanced both interests and held there was an equitable lease. The lease implied rent be paid a year in advance based on minimum number of looms. Court allowed for an injunction on distress but made Walsh pay the £810 owed.

Question 5

Northern Bank v Henry

Answer 5

Held that constructive notice should follow a reasonable person test - a prudent buyer

Question 6

Stewarts Estate

Answer 6

Buying from bona fide purchasers will protect you from equitable interests, provided the transaction is bona fide