The Relations Between Equity and Law1913 - 35 من الصفحات |
عبارات ومصطلحات مألوفة
action at law assumpsit Baildon bond century cestui que trust chancellor common law common law courts concurrently legal conflict of laws contract correlative concurrent correlative exclusive course court of chancery court of equity damages defendant development of equity doctrine Edward Edward III English Law equitable duty equitable no-right equitable privilege Equitable remedial equitable rule equity and law equity court Example fee simple grant Hist History Holdsworth injunction judgment Judicature Act jural relations justice without law Kerly king king's court land latter Law 2nd law and equity legal and equitable legal privilege legal right legal rule LEGAL SYSTEM Lord Lord Mansfield Maitland obligation ordinary ornamental trees plaintiff pleading privileges and correlative procedure and remedies Professor quasi-contracts R's privilege refusal reign remedial proceedings rights and correlative rules of equity rules of law Similarly as regards specific performance specific reparation supplemental notes system of courts vindicated X's right
مقاطع مشهورة
الصفحة 8 - This day was to arrive, Maitland thought, through the operation of Sub-section 11 of Section 25 of the Judicature Act of 1875, which says: "Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail.
الصفحة 31 - The doctrines of this Court ought to be " as well settled, and made as uniform, almost, as those of the " common law, laying down fixed principles, but taking care " that they are to be applied according to the circumstances
الصفحة 5 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
الصفحة 6 - And the first thing that we have to observe is that this relation was not one of conflict. Equity had come not to destroy the law, but to fulfil it. Every jot and every tittle of the law was to be obeyed, but when all this had been done something might yet be needful, something that equity would require.
الصفحة 1 - I do not think that any one has expounded or ever will expound equity as a single, consistent system, an articulate body of law. It is a collection of appendixes between which there is no very close connexion.
الصفحة 5 - Court concurrently, and where there is any conflict between the rules of equity and the rules of common law with reference to the same matter, the rules of equity are to prevail.
الصفحة 25 - And whensoever from henceforth it shall fortune in the Chancery, that in one case a writ is found, and in like case falling under like law, and requiring like remedy, is found none ; the clerks of the chancery shall agree in making the writ...
الصفحة 25 - Parliament, [and] by consent of men learned in the law a writ shall be made, lest it might happen after that the Court should long time fail to minister justice unto complainants.
الصفحة 26 - Which provision (with a little accuracy in the clerks of the Chancery, and a little liberality in the judges, by extending rather than narrowing the remedial effects of the writ,) might have effectually answered all the purposes of a court of equity ; except that of obtaining a discovery by the oath of the defendant (z).
الصفحة 31 - The doctrines of this Court ought to be as well settled, and made as uniform almost, as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case. I cannot agree that the doctrines of this Court are to be changed with every succeeding judge. Nothing would inflict on me greater pain, in quitting this place, than the recollection that I had done anything to justify the reproach that the equity of this court varies...