This essay will focus on three areas. First, a brief consideration of equity will be presented. Next, an explanation of the nature and legal structure of a trust and a brief explanation of the historical development of trust and why the modern terminology

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                                                        372022

                                                              Property Law

Equity is a body of law that remedies which develop historically through the courts of chancery. Prior to the judicature act 1873 and 1875 during which there was two parallel systems of law operating in England each upholding and applying its own distinction rights. The common law courts applied the common law and the courts of chancery applied equity. In order to more specifically examine and reference to the historical development of trust. This essay will focus on three areas. First, a brief consideration of equity will be presented. Next, an explanation of the nature and legal structure of a trust and a brief explanation of the historical development of trust and why the modern terminology prefer trust rather than use , will be given. Finally, an illustration of the use of trusts in modern property law will be focused on.

In 1234 a common law court was designed, this court was called the court of common pleas. During this period before a case can be heard in the court the plaintiff had to seek a royal administrative command [writs] which was issued by the king authorising commencement of the proceedings in the court of chancery.  New commands had to be developed to meet the plaintiff’s case, the provisions had prevented the issuing of new command without the permission of the kings council which had the effect of closing the range of command available. The administrative command had limited the flexibility of the development of the common law because without the availability of the new administrative command it would have been impossible then for the law to develop and meet different types of cases. There was not enough remedies available for the plaintiff that he could use, the remedies were being limited especially for damages. It was because of this that equity was applied by the court of chancery. Although equity was being applied by the court of chancery the king was not able to issue out administrative command as it was removed. However, those who felt offended by this removal were able to directly appeal to him and the appeals were being dealt by the king’s council.

By the fourteenth century these appeals were being dealt with by the chancellor on behalf of the king. The chancery courts and its equity jurisdiction became about because of the rigidity that developed the limited administrated command meant that the plaintiff would not have received the right treatment or satisfaction for the rights available to them in common law but this rule was being applied by the common law courts although it was causing hardship and injustice. Furthermore, the court of chancery had been introduced to correct the rigidity of common law. There were different chancellors in equity who had to decide on the case on the basis of his own sense of justice because there were different chancellors their conception of justice was different from one and another which had made it quite difficult which led to equity as being varied as the length of the chancellors foot.

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In the seventh century the court of chancery was no longer recognised as the court of chancery but as the court of equity. Furthermore, lawyers in those periods were being appointed as chancellor, there was a change were there was a reporting of decisions of the court and a system of precedent which moved to the development of a settled bodies of rights and remedies. The courts in the case of honywood v Bennett 1675 clearly stressed out that any contract which was without it being considered was not binding in equity.

Equity does not challenge the law but ...

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