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University Degree: Equity & Trust Law

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  1. Robert Megarry and Equity - Four Cases considered.

    A similar approach is found in BCCI (Overseas) Ltd v Akindele (2000)[8] where Lord Nourse said, the question was whether the third party had enough knowledge that it would be unconscionable for them to retain the property received. Lord Megarry established the notion of fault-based liability, despite previous authorities in favour of strict liability, most equity cases still emphasise that there must be fault on the part of the recipient; this includes without agreeing on the degree of fault required.

    • Word count: 2683
  2. Is equity the answer to failings of the common law?

    Lord Ellesmere in the Earl of Oxfords Case stated that "men?s actions are so diverse and infinite that it is impossible to make any general law which will aptly meet with every particular and not fail in some circumstances. The office of the Chancellor is to correct men?s consciences for fraud, breaches of trust, wrongs and oppressions?and to soften and mollify the extremity of the law." [1] The Chancellor has the opinion that it is his duty to correct man's consciences, and this is relevant in relation to modern equity as it strives to prevent individuals from acting unconscionably.

    • Word count: 2790
  3. The Development of Equity and Trusts

    These complaints were merely passed down to the chancellor as the king did not have the time to deal with it. The chancellor was known as the ?Keeper of the king?s conscience.? The general public ultimately began a petition against the chancellor; this made the chancellor give his own decisions with his authority without any of the king?s verdict. The chancellor was making decisions with religious morality. A high number of appeals continued to grow, a separate court of equity was introduced the court of chancery, it was a court were decisions were made with religious belief and morality and it gradually made equity a rival method to the common law.

    • Word count: 2990

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