The historical development of equity began in England with petitioners seeking relief from the King when the rigid common law system failed to provide justice. The King delegated these petitions to the Lord Chancellor, who had broad discretion to provide equitable remedies based on fairness. Over time, the Court of Chancery developed as a separate court administering these equitable principles. While equity and common law conflicted at times, the Judicature Acts of 1873-1875 unified the courts and required equitable principles to prevail where conflicts arose between equity and common law.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
this is my assignment for equity in my college, hope this will help you.
this contains the topics what is equity?, development of equity , the position of equity in India, the important maxims of equity along with case laws,
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
this is my assignment for equity in my college, hope this will help you.
this contains the topics what is equity?, development of equity , the position of equity in India, the important maxims of equity along with case laws,
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
what is Common law? what is civil law? what are differentiate between common law and civil law ? advantage and disadvantage of common law and civil law,short history both of them.
So, Lastly it can be said that there is a short discussion on civil law and criminal law . You may get help from this slide
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
3. Chancellor
• The most important person
next to the King.
• Chancery : Issue royal writs
which began an action at law.
4. Aggrieved plaintiff who
was dissatisfied with
the Common Law
system and its failure to
uphold justice would
petition to the King.
Defects of
Common Law
System
5. 1. The writ system (13th
Century)
• A writ is simply a document setting out the
details of a claim.
• Over a period of time the writ system became
extremely formal and beset with technicalities
and claims would only be allowed if they could fit
into an existing writ.
• The rule was 'no writ, no remedy'.
• Even if a writ was obtained, the judges would
often spend more time examining the validity of
the writ than the merits of the claim.
6. • In 1258 the Provisions
of Oxford forbade the
issue of new writs
without the consent
of the King in Council.
• Thus, a plaintiff with a
cause of action which did
not fit one of the existing
writs would have no
remedy in the Common
Law courts.
• As a result the common law became rigid and the rules
operated unjustly.
7. 2. The jury system
• The juries were easily intimidated and corrupted.
8. 3. Inadequate remedy
• Damages as the only common law relief always proved to
be inadequate.
• More often than not, petitioner was unable to obtain it
because of the disturbed state of the country, or the power
and wealth of the defendant who might put improper
pressure on the juries.
4. Formalities
• The common law paid too much attention to formalities.
E.g. if a contract was made which required written evidence
for its enforcement, then lack of such evidence meant that
the common law courts would grant no remedy.
9. • Originally, the Chancellor did not have
any clearly defined jurisdiction.
• The Chancellor dispensed justice
remedying the Common Law on grounds
of fairness, conscience and natural
justice.
• In remedying the Common Law, the
Chancellor refused to use juries,
questioned the parties himself with
questions of fact and issued subpoenas.
Petitions to the King were sent to the Chancellor
• In the absence of fixed principles, decisions made depended
upon the Chancellor’s personal ideas of right and wrong.
(Keeper of the King’s Conscience)
10. • Thus, equity varied according to the conscience of the
Chancellor, hence ‘equity varied with the length of
Chancellor’s foot’.
• Petitions were heard in the Chancellor’s office, which at the
end of 14th
Century evolved into Court of Chancery.
Conflict : Equity vs. Common Law
• For a long time, there was close consultation between the
Chancellor and the Common Law judges as to the types of
case in which relief should be granted.
• There were instances whereby the Chancellor sometimes sat
at the Common Law court and vice versa.
11. Conflict : Equity vs. Common Law
• Conflicts were also reduced as equity acts in personam,
failure to comply with the Chancellor’s order would be
contempt of court.
- Scott J “ The jurisdiction of the court to administer trust is
an in personam jurisdiction”.
• The Court of Equity (or Chancery) became very popular
because of its flexibility; its superior procedures; and its
more appropriate remedies.
• Conflict arose in the 16th
Century as the Chancellor
extended his jurisdiction.
12. • ‘Common injunctions’ issued by the Chancellor became the
centre of dispute – even though a judgment was technically
good, he was entitled to set it aside where it had been
obtained by oppression, wrong and bad conscience.
• Earl of Oxford's Case (1616) 1 Rep Ch 1
The common law court gave a verdict in favour of one party
and the Court of Equity then issued an injunction to prevent
that party from enforcing that judgement. The dispute was
referred to the King who asked the Attorney-General to
make a ruling. It was decided that in cases of conflict
between common law and equity, equity was to prevail.
• During the later part of 18th
Century, the Court of Chancery
experienced its own downfall.
13. • Lawyers began to be appointed as Chancellors with the first
appointment of Lord Nottingham (1673-1682) ‘Father of Modern
Equity’ – equity was systemized, classifications to trusts.
• Lord Hardwicke (1736-1756) – Laid down general principles of
equity.
• Lord Eldon (1801-1827)
– Strengthened the idea that decisions
must be based on precedents, he also
consolidated principles developed by
his predecessors.
• By 19th
Century, equity transformed into a
system of law almost as fixed as the Common
Law.
Settled development of Equity
14. The introduction of Judicature Act 1873 and 1875.
• To solve the persistent problems caused by the overlap of
Common Law and Equity.
• The old separate courts of common law and equity were
abolished.
• Out went the Courts of Common Pleas, King’s Bench, Exchequer,
and Court of Chancery.
• In came the Supreme Court of Judicature, with each division
exercising both equitable and legal jurisdiction.
• Thus any issue can be adjudicated in any division; and any point
of law or equity can be raised and determined in any Division; but,
for the sake of administrative convenience, cases are allocated to
the divisions according to their general subject-matter.
Fusion of the Administration of Law and Equity
15. • Pugh v Heath (1882), per Lord Cairns; Thus the court "is
now not a Court of Law or a Court of Equity, it is a Court
of complete jurisdiction.“
• It was forseen that a court which applied the rules both
of common law and of equity would face a conflict where
the common law rules would produce one result, and
equity another.
Sec 25(11) of
the Judicature
Act 1873
“In all cases in which
there was a conflict or
variance between the
rules of equity and the
rules of common law with
reference to the same
matter, the former shall
prevail”.
16. Fusion Debate
Orthodox
view
• Merely a fusion of administration, “the two
streams of jurisdiction, though they run in the
same channel, run side by side and do not
mingle their waters”. Ashburner
• United Scientific Holdings v Burnley
“ ..to perpetuate a dichotomy between rules
of equity and rules of common law is
conducive to erroneous conclusions..” Diplock
• Mummery LJ – The Judicature Act were intended to achieve
procedural improvements in the administration of law and equity
in all courts.
17. Prevailing
view
• The AG – “The Bill (purpose of Judicature
Act) was not one for the fusion of law and
equity. Law and equity would remain if the
Bill passed, but they would be administered
concurrently, and no one would be sent to
get in one Court the relief which another
court had refused to give”.
• Reasserted in Salt v Cooper
18. Past Years’
1. According to Maitland "equity is but a gloss upon the law". Do you
agree? State your reasons.
2. Explain how the Courts of Chancery in England developed the
principles of equity.
3. The main thrust of the creation of equity was to address the
problems at common law in the early days of its inception in
England. Explain how equity overcame the rigidity of the doctrine of
judicial precedent.
4. "The whole of the jurisdiction of the court of equity was acquired by
the assumption of the principle of deciding according to conscience
in the administration of justice, where the courts of law furnished no
redress, or their judgments were hard and oppressive, and it is on
this broad basis, that the court of equity now rests its authority"
(Zephaniah Swift, 1796).
Based on the above statement discuss the origin of equity and the
weaknesses of the common law.
(20 marks)