LA1: Common Law and Equity

Question 1

When were the Provisions of Oxford made?

Answer 1

1258

Question 2

What did the Provisions of Oxford 1258 do?

Answer 2

Prevented new writs from being made and made it so that litigants had to fit their circumstances to existing writs. No writ, no remedy

Question 3

When did Sir Thomas Moore get appointed as chancellor?

Answer 3

1529

Question 4

Why is Sir Thomas Moore important?

Answer 4

because he was the first lawyer to become chancellor, previously had no legal training whatsoever

Question 5

When did the Court of Chancery begin?

Answer 5

1474

Question 6

What did Lord Coke say about chancellors making decisions?

Answer 6

‘equity varied from the length of a chancellors foot’

Question 7

When was the Earl of Oxford case?

Answer 7

1615

Question 8

What did the Earl of Oxford case 1615 establish?

Answer 8

that if there was ever a conflict between common law and equity, ‘equity should prevail’

Question 9

When were the Judicature Acts?

Answer 9

1873 - 75

Question 10

What did the Judicature Acts 1873 - 75 do?

Answer 10

allowed common law and equity to be administered in all courts and have the same procedures for seeking common law and equitable remedies.

Question 11

What did Lord Cairns say in Pugh v Heath?

Answer 11

‘it is now not a Court of law or a court of equity, but a Court of complete jurisdiction’

Question 12

What did s25 of the Judicature Act do?

Answer 12

confirmed the strength of equity, formalizing that equity should prevail where there is conflict.

Question 13

What is the quote from Maitland?

Answer 13

‘two streams that have met and run the same channel but the waters do not mix’

Question 14

What are the three equitable maxims?

Answer 14

He who comes to equity must come with clean hands
Equity defeats delay
He who seeks equity must do equity

Question 15

Which case relates to the equitable maxim - he who comes to equity must come with clean hands

Answer 15

D&C Builders v Rees 1965

Question 16

Describe the details of the case D&C Builders v Rees 1965

Answer 16

• The Rees had work done costing £732
• They paid £250 prior to the work starting
• Aware of the financial difficulties the builders were experiencing, the Rees complained that the work was not of good quality and only paid them £300 more.
• Reluctantly the Builders accept it as they need the money and it is accepted as ‘in completion of the job’
• Later they sued for the rest of the money. The Rees tried to apply for promissory estoppel which makes a promise binding when it usually isn’t.
• Lord Denning of the Court of Appeal refused the application of that doctrine because the Rees knowing took advantage of the builders and so did not come with ‘clean hands’

Question 17

Which case relates to the equitable maxim - Delay defeats equity

Answer 17

Leaf v International Galleries 1950

Question 18

Describe the details of the case Leaf v international Galleries 1950

Answer 18

• Claimant believed he bought a genuine painting by the famous artist Constable.
• Five years later he discovered the painting to be a fake and applied for the equitable remedy of rescission
• The Court held that too much time has passed from the sale of the item to the realization of it being fake and so it was refused

Question 19

Which case relates to the equitable maxim - He who seeks equity, must do equity

Answer 19

Chappell v Times Newspaper 1975

Question 20

Describe the details of the case Chappell v Times Newspaper 1975

Answer 20

• Employees of the Newspaper went on strike and applied for an injunction against their boss to prevent them being sacked (as they were told if they didn’t stop their strike, they would lose their job)
• The court held they could only receive the equitable remedy if they stopped the strike action.
• Since they didn’t, they weren’t granted the injunction

Question 21

Which case illustrates the use of the equitable remedy of Specific Performance?

Answer 21

Sky Petroleum v VIP Petroleum 1974

Question 22

What happened in the case Sky Petroleum v VIP Petroleum 1974?

Answer 22

VIP Petroleum were made to sell petrol as it was deemed as a unique item as it was in short supply at the time.

Question 23

Which case illustrates the use of the equitable remedy of Rectification?

Answer 23

Craddock v Hunt 1923

Question 24

What happened in the case Craddock v Hunt 1923?

Answer 24

the contract for the sale of a house had to be amended to include a house including an adjoining yard as neither party where aware of it previously

Question 25

Which case illustrates the use of the equitable remedy of Rescission?

Answer 25

Grist v Bailey 1967

Question 26

What happened in the case Grist v Bailey 1967?

Answer 26

a contract for the sale of a house was set aside because parties made a mistake that a property for sale was covered by The Rents Act

Question 27

Which case illustrates the use of the equitable remedy of Injunction?

Answer 27

Warner Bros v Nelson 1937

Question 28

What happened in the case Warner Bros v Nelson 1937?

Answer 28

Warner Bros got an injunction against the actress Bette Davis to prevent her from making films with another company

Question 29

Which case established the use of the modern equitable remedy of freezing a persons assets?

Answer 29

Mareva v International Bulkcarriers 1975

Question 30

What did Lord Denning say in the Process of Law 1980?

Answer 30

That the Mareva Injunction was the ‘greatest piece of judicial law reform in his time’

Question 31

Which case established the use of the modern equitable remedy of searching a premises exparte (without notice)?

Answer 31

Anton Piller KG v Manufacturing Processes Ltd 1976

Question 32

Describe the details of the case Anton Piller KG v Manufacturing Processes Ltd 1976

Answer 32

• The plantiff made electrical equipment and employed the defendant as their agent in the UK
• He suspected the defendant of selling technical drawings to their competitors and so applied for a search order
• The court held exparte a mandatory Injunction, allowing the plaintiff to enter the premise and inspect the relevant documents

Question 33

Which case established the use of the modern equitable remedy Promissory estoppel?

Answer 33

Central London Property Trust Ltd v High Trees House Ltd 1947

Question 34

What happened in the case Central London Property Trust Ltd v High Trees House Ltd 1947?

Answer 34

The High trees House Ltd was made to stay to their promise to let flats at a reduced rate to tenants after the war because they relied on that to their detriment before moving in.