Equity and Trusts

From the study guide

Course Outline

  1. Origins and Role of Equity
  2. Trust Definition and Property
  3. Modern Equity and Remedies
  4. Trust Participants and Ownership
  5. Unconscionability and Its Limits
  6. Trust Classification
  7. Formalities for Express Trusts
  8. Constitution and Transfer Methods
  9. Imperfect Transfers and Equity
  10. Equitable Interest Dispositions
  11. Problem Question Method

Key Dates

  1. fourteenth and fifteenth centuriesthe Court of Chancery developed a distinct jurisdiction based on conscience
  2. 1615the conflict between common law and equity reached its peak in the Earl of Oxford’s Case
  3. 1873 and 1875the Judicature Acts reorganised the courts

1. Origins and Role of Equity

Essential Points

  • From the Middle Ages, petitions against the rigidity of common-law remedies were increasingly referred to the Lord Chancellor, traditionally described as the Keeper of the King’s conscience.

Memory Hook

Rigid common law → petitions to the Chancellor → equitable principles

2. Trust Definition and Property

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Practice quiz preview

1. Which distinction correctly compares Grey v IRC [1960] with Vandervell v IRC (No. 1) [1967]?

2. What does an injunction do?

3. What is a trustee’s central fiduciary obligation when administering trust property?

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Flashcard preview

Who traditionally received petitions against rigid common-law remedies in the Middle Ages?

The Lord Chancellor.

What title is traditionally given to the Lord Chancellor?

Keeper of the King’s conscience.

By which centuries had the Court of Chancery developed a distinct jurisdiction?

By the fourteenth and fifteenth centuries.

When did the Court of Chancery intervene against strict common-law rights?

When such rights were contrary to conscience.

Which Acts reorganised courts to administer common-law and equity together?

The Judicature Acts 1873 and 1875.

What was the purpose of the Judicature Acts 1873 and 1875?

To administer common-law and equitable principles within the same court structure.

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Frequently asked questions

What does the Equity and Trusts study guide cover?

It covers the core concepts of Equity and Trusts, organized by topic with the key definitions, explanations and takeaways, so it's easier to learn and remember.

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How many questions are in the Equity and Trusts quiz?

The practice quiz has 34 multiple-choice questions, each with an explanation. Use it to check what you know and find your gaps.

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How do I study Equity and Trusts with flashcards?

There are 66 flashcards on Equity and Trusts, with a question on the front and the answer on the back. Try to recall each answer before you flip, and let spaced repetition bring back the ones you miss.

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