ABSTRACT

This essay considers the overlaps between the equity considered in Chapter 15 (Trusts of homes) and Chapter 13 (Equitable estoppel), family law, and human rights law. At one level, there is an ostensible overlap between human rights law and equity in that both codes of principles are concerned with the significance of each individual human being; however, the underpinnings of these two areas differ, as we shall see. Family law (particularly divorce law and child law) is significant in disputes over the home involving married couples and involving children. The argument is made below that the techniques used by family law courts are very similar to courts of equity in that they both begin with a high-level principle and then (making reference to precedent) they consider how that general principle should apply to the facts of a particular case.