LA1: Common Law and Equity Flashcards
When were the Provisions of Oxford made?
1258
What did the Provisions of Oxford 1258 do?
Prevented new writs from being made and made it so that litigants had to fit their circumstances to existing writs. No writ, no remedy
When did Sir Thomas Moore get appointed as chancellor?
1529
Why is Sir Thomas Moore important?
because he was the first lawyer to become chancellor, previously had no legal training whatsoever
When did the Court of Chancery begin?
1474
What did Lord Coke say about chancellors making decisions?
‘equity varied from the length of a chancellors foot’
When was the Earl of Oxford case?
1615
What did the Earl of Oxford case 1615 establish?
that if there was ever a conflict between common law and equity, ‘equity should prevail’
When were the Judicature Acts?
1873 - 75
What did the Judicature Acts 1873 - 75 do?
allowed common law and equity to be administered in all courts and have the same procedures for seeking common law and equitable remedies.
What did Lord Cairns say in Pugh v Heath?
‘it is now not a Court of law or a court of equity, but a Court of complete jurisdiction’
What did s25 of the Judicature Act do?
confirmed the strength of equity, formalizing that equity should prevail where there is conflict.
What is the quote from Maitland?
‘two streams that have met and run the same channel but the waters do not mix’
What are the three equitable maxims?
He who comes to equity must come with clean hands
Equity defeats delay
He who seeks equity must do equity
Which case relates to the equitable maxim - he who comes to equity must come with clean hands
D&C Builders v Rees 1965
Describe the details of the case D&C Builders v Rees 1965
- 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’
Which case relates to the equitable maxim - Delay defeats equity
Leaf v International Galleries 1950
Describe the details of the case Leaf v international Galleries 1950
- 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
Which case relates to the equitable maxim - He who seeks equity, must do equity
Chappell v Times Newspaper 1975
Describe the details of the case Chappell v Times Newspaper 1975
- 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
Which case illustrates the use of the equitable remedy of Specific Performance?
Sky Petroleum v VIP Petroleum 1974
What happened in the case Sky Petroleum v VIP Petroleum 1974?
VIP Petroleum were made to sell petrol as it was deemed as a unique item as it was in short supply at the time.
Which case illustrates the use of the equitable remedy of Rectification?
Craddock v Hunt 1923
What happened in the case Craddock v Hunt 1923?
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
