Legal rules allow the holders of legal right and powers to exercise them in the confidence that they are entitled to do so. The function of equity is to restrain or restrict the exercise of legal rights and powers in particular cases, whenever it would be unconscionable for them to be exercised to the full.
G Watt, Trusts and Equity, (Oxford 2003) at 13
Critically examine this statement by reference to the nature and application of modern equity.
Throughout this essay the application and the nature of modern equity will be explored. It will have a good insight in relation of nature of equity of; equitable remedies, constructive trusts, it will also explore promissory e-stopple, and it will also discover negative opinions/arguments in relation
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Even though they were within one court system, both establishments were dealing with cases in their own individual ways. In the case of Patel v Ali , it was evident that equity exercises discretion, nonetheless this can be questionable. The differentiation between common law and equity is shown clearly in this case within the remedy that was offered, as mentioned before equitable remedy is discretionary whereas common law does not. The common law remedy proposed to Patel was to pay damages; due to the dilemma she was in had created unfairness, so using equitable remedies (specific performance) would have failed.
“A trust is an equitable obligation binding a person (trustee) to deal with property over which he has control for the benefit of persons (beneficiary)…” . The trust concept is seen as one the main applications of modern equity. There are a number of trusts that came about to fill the gap in the common law which had led to an unconscionable manner which had resulted to unjust judgments; these trusts are implied, resulting, expressed and constructive
Anthem is a book that makes oneself contemplate the future and what evils are bestowed upon it. In this novel, the reader is caught in the life of Equality. Equality’s life is placed in the future, where the feared reality of communism has conquered all but the souls of few weary men. Equality is one of those few men who have a light that is invulnerable to a ravaging wind. Equality’s time captive before his extraordinary escape has taken a toll on his body and mind and now at the end of his journey forces him to question whether the decisions he’s made are full of sin or teeming with righteousness.
Imagine living in a society where you had to be the same as everyone else, risking your life to fight for individuality. In the life of Equality 7-2521, that is exactly what he has to live through. The book Anthem by Ayn Rand, is about a young boy who goes by the name of Equality 7-2521 that is commonly referred to as just “Equality.” Equality is a little different than everyone, as he is taller than everyone else, smarter, and breaks the rules. Equality lives in a society where everyone is the same, and no one is to be different than one another.
What makes people unequal to others in their mind? Many think others are unequal because they are simply different from them. The possibilities on being different from another person are almost infinite, but most often, and not limited to, are race, religion, gender, sexuality, or just being an outcast. Looking at just the United States, it is a huge melting pot based on immigration throughout history. Being an immense melting pot is a blessing and a curse; while it creates cultural diversity, it also creates discrimination, which America is notoriously known for.
Present at least two different sociological approaches to social inequality and discuss these approaches with reference to a concrete problem area of contemporary relevance. Social inequality can be found in various aspects of society, the question is if inequality is only caused by the lack of economical estate or if other reasons are underlining it. This essay argues how Max Weber distinguishes between social class and strata and how one often leads to the other. Furthermore, it presents Pierre Bourdieu’s notions of habitus, capital and fields as an explanation of how people can achieve different social statuses within different fields because of their capitals. At last, the two different sociological approaches to social inequality is used to analyze the case of non-traditional students at Australian universities and how they are socially disadvantaged compared to traditional students because of their lack economical support, language skills, educational skills and social relations.
The Industrial Revolution brought to America new technologies to manufacture and produce goods in quantities unseen before. In the aftermath of the Industrial Revolution new companies were learning how to monopolize and take advantage of the public, these companies would eventually effect America in more ways then one. During the late 1800’s and the early 1900’s many working class individuals lived in poverty because of the formations of monopolies and trusts. A trust is a basically another word for monopoly, which means one large business that corners a market and has no competition allowing it to raise their prices however they choose.
Wealth and Inequality in America Inequality The inequality in America has increased over time; the gap between the rich and the poor has become a problem that many Americans don’t see. Inequality is the extent of income which is distributed unequally among the citizenry. The inequality of the United has a large gap between the poor and the rich making it unfair to the population, the rich are becoming wealthier and the poor remain poor. The article “Of the 1%, By the 1%, For the 1%”, authored by Joseph E. Stiglitz describes that there is a 1 percent amount of American’s who are consuming about a quarter of the United States income in a year.
Equality in America America and its people have worked hard to create a home in which everyone is treated, and feels equal. We’ve fought wars, held protests, and lost many lives in situations where we were fighting for fair treatment. After all of these sacrifices, it's safe to say that Americans have the right to love, and cherish the equality that their home presents them with, but to an extent. Equality in society, government, and basic human interactions should always be kept, and held with great importance. However, we also need to keep in mind that we are not the same people.
America prides itself on being one of the most effective democratically governed counties. The idea of the American dream is that all people have equivalent political freedoms and a responsive government. However the effectiveness of social equality is being threatened by increasing inequality in the United States. Economic inequality in the US has expanded drastically. The wealth gap has had drastic changes over the past 35 years.
Nozick proposes a definition of justice surrounding liberty. An entitlement theory comprising of three principles which result in freedom to be absolutely entitled to property and the self. His argument maintains that patterned principles of just distribution depart from this historical scheme and, in doing so, involve unacceptable infringements of liberty. Nozick defends his entitlement theory with a Wilt Chamberlain illustration. Despite being a persuasive and strong argument, the difficult aspect of this is that Nozick does not clearly tell us how to properly satisfy what those three principles require under the perception that his argument could shut down his patterned theory competitors.
Eventually, a special court known as the Court of Chancery was set up by the King. The holdings of this court depended upon the conscience and morality of the Lord Chancellor unlike the rulings of the Common Law Courts. The law that was established and enforced in the Court of Chancery resulted in the emergence of what is now known as ‘Equity’. Over time, Equity became more popular as it had greater flexibility and was more approachable than Common Law.
Equality among people justifies the development of human civilization. The history witnesses how people mistreated the others and how other people fought for freedom. It proves a permanent truth that the more civilized the people are, the less inequality would be promoted. However, there was no one period in the past, even now, without inequality completely. The slavery issue in the West and the gender inequality in the East both brought unimaginable damage for not only the groups of people who were mistreated, but also the society which is supposed to be peaceful, fair and justice.
Dworkin and Judicial Discretion, Philosophy of law, last accessed from http://www.yellowpigs.net/philosophy/dworkin on 02 April 2016 4. Dworkin, Ronald, (1977), Taking Rights Seriously, London,
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
Introduction All over the world, there is an obvious contrast between the living standards and lifestyle of the rich and the poor. Moreover, there is a large gap between the populations of poor and wealthy. This is known as the Wealth Gap, and it is caused by Wealth Inequality. Wealth Income/Inequality is defined as “The unequal distribution of assets within a population.” Wealth is defined as more than just the amount of income a person has, but instead the value of a person’s assets.
It is important for teachers to create an environment that promotes fairness in order for students to succeed. Equality and equity are both needed to do this. Equality in a class means every student has the same opportunity to succeed. Making accommodations for students is called equity. This is needed in a class to ensure an equal opportunity to succeed is possible for every student.