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Equity is a roguish thing: for law we have a measure, know what to trust to; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. ‘Tis all one, as if they should make his foot the standard for the measure we call a Chancellor's foot; what an uncertain measure would this be!
Dudley v Dudley (1705) Prec Ch 241; 24 ER 118 [1] is a 1705 case of the Court of Chancery commonly cited in textbooks on law for its statement on the nature of equity. [2] [3] [4] Lord Cowper, who gave the report, is sometimes misspelled as Lord Copper. [citation needed]
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some ...
Although the mere receipt of the monies, in ignorance of the mistake, gives rise to no trust, the retention of the monies after the recipient bank learned of the mistake may well have given rise to a constructive trust: see Snell's Equity p. 193: Pettit Equity and the Law of Trusts 7th edn. 168: Metall and Rohstoff v Donaldson Inc [1990] 1 Q.B ...
Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity. Content [ edit ]
Saunders v Vautier [1841] EWHC J82, (1841) 4 Beav 115 is a leading English trusts law case. It laid down the rule of equity which provides that, if all of the beneficiaries in the trust are of adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the trust.
Pennington v Waine [2002] EWCA Civ 227 is an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts. The case represents an equitable exception to the need for a complete transfer of property in law.
Rolls Razor Ltd owed £484,000 to Barclays Bank Ltd.It still needed more money to pay a dividend, which it had declared to its shareholders on 2 July 1964.Quistclose Investments Ltd agreed to a loan of £209,719 8s 6d on the conditions that the dividend would be paid with it and the money would be put in a separate account (also with Barclays Bank).