ABSTRACT
Equity is the body of rules that grew up alongside the common law, eventually becoming the Court of Chancery.
It is said to
‘fill in the gaps in the common law’ and to mitigate the ‘rigour’ of the common law;
be based on ‘conscience’ (Earl of Oxford's Case (1615)).
Equity has in effect ‘stepped in’
when the common law has not provided a remedy; or
where common law rules have been or are being used to justify conduct from a party with the legal title to property to engage in conduct that is unconscionable.
WorkpointConsider what remedies you would want in the following situations and then decide whether these are available at law (compare the table in 1.3.2):
Trespassers are camping on your land.
You are buying a house and after exchange of contract your seller refuses to complete.
The Land Registry has failed to register your valid legal easement.
You have bought a car that is significantly faulty.
You have invented an energy- saving device but a rival company is using your designs to create a similar device.
Your trustees have used trust money to buy a holiday home for themselves.
Your trustees have used trust money to buy shares that have generated significant dividends.
