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Introduction. Equity by its nature is a fluid subject where maxims are simply guidelines to be used or ignored at the whim of the court and solutions to litigation sometimes aim at justice (or expedience) at the expense of the legal rules of equity (equity will [sometimes] follow the law). This is illustrated by the two overarching maxims where equity will not assist a volunteer and equity will not perfect an imperfect gift when in practise there are established systems of equity which often do assist

Introduction The word equity has numerous meanings and to various people it is a symbol of fairness or justice. The origin of equity can be traced to the deficiencies of the common law. Beyond question, common law had flaws where any solution is unavailable or where there was an availability of a remedy but it was not fit for the plaintiff loss. Moreover, the common law was studded with formality. If two parties engage in a verbal contract in case of common law, common law under no circumstances

Equity is a source of law which is based on flexible principles to supplement the common law, and thereby alleviating the harshness. Lord Scarman once described the principle of equity in National Westminster Bank PLC v Morgan as a ‘world of doctrine, not of neat and tidy rules’ which emphasises its rigidity nature to provide its flexibility. As Alastair Hudson noted , many different doctrines fit inside English equity which introduce a more systematic approach to the common law. It is important

Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002) FACTS: Appellee (Midwest Distribution, Inc.), who is in the business of setting up cigarette product displays, contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon accepting employment, appellant signed an employment contract, a “Service work for Hire Agreement” with appellee that contained a non-compete agreement – in which appellant agreed that for one year following the

competing against the business of the employer for a defined period of time after the termination of employment, or within a certain geographical location. Where a restraint of trade is found to be valid but unjust, an employee may seek recourse in equity for relief. Although, there is no one significant equitable remedy for resisting the enforcement of restraint of trade clauses in employment contracts, certain authorities tend to indicate that the most effective equitable remedy is an injunction

A lot has been said about the Brazilian system for the protection of collective rights, of its innovations in terms of procedure, and especially the possibility of protecting interests that in the past could not reach the Courts. However, it seems that the effectiveness of its execution is not discussed to the same extent. In general, the specific injunctions are preferred due to the very nature of the rights involved. However, not rarely it ends up being unsuccessful, so that the pecuniary reparation

How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law, although it does not endeavour to displace it with a moral code. In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair. Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are

The general rule on constitution of trusts is ‘equity will not assist a volunteer to perfect an imperfect trust’. It is apparent that subsequent case law has sought to depart from such principle by introducing various exceptions which allow incomplete gifts to be perfected. Nevertheless, there has been many criticism and debate in regards to this area of the law since it is felt on the one hand, that the scope is for exceptions is being widened too far, whilst it is argued on the other that it will

Parkview Queensland Pty Ltd v Commonwealth Bank of Australia [2013] NSWCA 422 FACTS The appellant, Parkview Queensland Pty Ltd (“Parkview”), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (“Fortia”), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (“BankWest”). The building contract provided for progressive payments to

contract is all about the concepts relevant to the development, implementation and violation of the agreement. On the other hand, equity law is a set of rules exercised if there is no appeasement based on the common law of contract. Here, the court is given the right and freedom to use their own discretion in giving just and appropriate decisions. So, the principle of equity is applied when the common law of contract is not sufficient to give objective and fair judgement. But when would one say it’s