ABSTRACT

In the second part of the text we move on to consider the range of equitable principles which have evolved in the equitable jurisdiction. Substantive equitable principles include both proprietary and personal claims. Most principles have originated as a result of a perceived deficiency in the common law and have continued to develop and expand despite the fact that, in many cases, the common law deficiency is either irrelevant or redundant. For example, the evolution of the trust was largely a consequence of the stringency of common law rules relating to the devolution of estates and the enforceability of legal contingent remainders. Today, the trust in all of its forms represents one of the most significant and expansive institutions in the equitable jurisdiction.