Equity

Question 1

Under the state of Winchester 1275, time immemorial dates back to 1189

Answer 1

The custom must have existed since time immemorial

Question 2

The custom must have been carried out without using force, done openly, not in secret, no one must have given permission

Answer 2

The custom must have been exercised peaceably, openly and as of right

Question 3

Prevents the courts needing to recognise anything which is too uncertain

Answer 3

The custom must be definite as to locality, nature and scope

Question 4

Even if the first three tests are passed the courts can refuse to recognise the custom if it it unreasonable

Answer 4

The custom must be reasonable

Question 5

Proved that a right to set up a refreshment stall on public footpath had been given in C14th

Answer 5

Simpson v Wells 1872

Question 6

Fishing had only taken place because licence was granted each year

Answer 6

Mills v Colchester Corporation 1867

Question 7

Tenants of manor claimed they were entitled to take as much turf as required from common land on manor

Answer 7

Wilson v Willes 1806

Question 8

Damage being caused by mining, mine owners claimed right to mine without liable to compensate for subsidence

Answer 8

Wolstanton Ltd and Duchy of Lancaster v Newcastle under Lyne Borough Council 1940

Question 9

Customary duty to fence land to prevent cattle straying from common

Answer 9

Egerton v Harding 1974

Question 10

William Conqueror 1066

Answer 10

Begin more organised system of justice, Curia Regis established

Question 11

Henry II 1154-1189

Answer 11

Country divided into circuits for judges, best practice, unified and common law developed

Question 12

Writs

Answer 12

A writ had to be obtained to start a case, and offence had to fit exact wording of writ, sections were often written inaccurately and cases could not proceed

Question 13

Restriction on writs being written, an offence had to fit an existing writ and fictions began to develop

Answer 13

Provision of Oxford 1258

Question 14

Defects in common law

Answer 14

Only remedy was damages, which was often inappropriate, juries could be intimidated, too much attention paid to formalities, did not recognise the trust

Question 15

King

Answer 15

Fountain of justice, prerogative to make any order considered correct

Question 16

Chancellor

Answer 16

Both lawyer and priest, known as the keeper of the king’s conscience. Based decisions on natural justice and fairness. Court of Chancery came into being under control of Chancellor

Question 17

King ruled where there was conflict between common law and equity, equity would prevail

Answer 17

Earl of Oxford Case 1615

Question 18

John Seldon

Answer 18

Equity varied by the length of the Chancellor’s foot

Question 19

C17 and C18

Answer 19

Chancery courts became more rigid, very slow, people wanted both common law and equitable remedies

Question 20

Gave the courts power to issue both common law and equitable remedies

Answer 20

Chancery Amendment Act 1950 and Common Law Procedures Act 1852-60

Question 21

Look at intention rather than wrong formalities followed

Answer 21

Equity looks to the intention and not the form

Question 22

Deed held to be altered by a simple contract, should have been altered by another deed

Answer 22

Berry v Berry 1929

Question 23

Equitable principle will not be granted to a claimant who has not acted fairly

Answer 23

He who comes to equity must come with clean hands

Question 24

Rees refused to pay full amount, builders sued, equitable estoppel not granted to Rees as had taken advantage of builders’ financial difficulties

Answer 24

D&C Builders Ltd v Rees 1965

Question 25

Defendant cannot wait too long before making a claim, as this might lead to unfairness to the other party

Answer 25

Delay defeats equity

Question 26

Painting sold both parties believed Constable, took 5 years before discovered was not

Answer 26

Leaf v International Galleries 1950

Question 27

For a claimant to have an equitable remedy, he myst be prepared to satisfy his end of the bargain

Answer 27

He who seeks equity must to equity

Question 28

Employees on strike wanted injunction against employers who threatened with dismissal unless they stopped strike

Answer 28

Chappel v Times Newspapers 1975

Question 29

Allows for new remedies to be created, such as Mareva Injunctions and Anton Piller Orders

Answer 29

Equity will not suffer a wrong to be without a remedy

Question 30

Order someone to do something

Answer 30

Mandatory Injunction

Question 31

Building had been erected in contravention of legal restriction, was ordered to be pulled down

Answer 31

Mortimer v Bailey 2004

Question 32

Order someone not to do something

Answer 32

Prohibitory Injunction

Question 33

Media prevented from identifying killers of Jamie Bulger or their whereabouts on release from prison

Answer 33

Venables and Thompson v News Group Newspapers 2001

Question 34

Given where one parties rights need to be protected

Answer 34

Interlocutory Injunction

Question 35

Royal family sought interlocutory injunction

Answer 35

August 1987 to stop media from harassing Princess Diana

Question 36

Order than contract myst be carried out, granted in exceptional circumstances

Answer 36

Specific Performance

Question 37

Petrol deemed to be a unique item

Answer 37

Sky Petroleum v VIP Petroleum 1974

Question 38

Allows parties to return to pre contractual position

Answer 38

Rescission

Question 39

Contract set aside because both parties made mistake that property for sale covered by Rents Act

Answer 39

Grist v Bailey 1967

Question 40

Mistake accidentally been made in document so not true version of what agreed, can be altered to reflect intention

Answer 40

Rectification

Question 41

Contract for house included an adjoining yard neither intended to be included

Answer 41

Craddock v Hunt 1923

Question 42

Block of flats in London leased for 99 years, during WWII difficult to let, after war claimed full rent again, equitable estoppel

Answer 42

Central London Property Ltd v High Trees House Ltd 1947

Question 43

Where husband has deserted his wife and child, wife has equitable interest in marital hime even if not jointly owned

Answer 43

Matrimonial Homes Act 1967

Question 44

Freezing injunction preventing one party from removing assets out of the UK

Answer 44

Mareva Compania Naveria SA v International Bulkcarriers SA 1975, Mareva Injunction

Question 45

Injunction allows claimant to enter defendant’s premises for documents and remove them to prevent destruction

Answer 45

Anton Piller KG v Manufacturing Processes Ltd 1976, Anton Piller Order

Question 46

Injunctions prevent reporting of details and hides fact injunction even sought

Answer 46

Super Injunction, sought by Ryan Giggs 2011, referred to as married premier footballer