ABSTRACT
This chapter puts together a selection of questions on equitable concepts. Questions on equity, as distinct from trusts, are not covered in some examinations and, if they are, they tend to be set on selected areas. In the event of a stranger to a trust knowingly receiving trust property for his own benefit in breach of trust the court may impose a personal liability on the defendant. Prior to the Judicature Acts 1873/75 the principles of equity evolved to redress the gaps created by the rigid application of principles of common law. The orthodox view is that the administration of law and equity has been fused by the Judicature Acts leaving law and equity free to develop by reference to the principles that existed before 1873/75. The guidelines laid down in the American Cyanamid case were designed to achieve more certainty in the law as well as re-asserting judicial discretion.
