"In the field of jurisprudence, equity is [...] providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter."
A basic overview of what equity is and how it differs from common law, followed by an introduction to the concept of trusts and their legal implications.
What is Equity and Trusts: A brief introduction of the concept of Equity and Trusts; the difference between common law and equity; definition of Trusts.
The Historical Development of Equity and Trusts: A look at the early forms of equity; its development through English Court of Chancery; and the way it evolved into modern equity.
Creation of Express Trusts: The process of creating an express trust; the difference between express trusts and resulting trusts; required formalities and how to create a trust.
Resulting Trusts: A look at resulting trusts and their creation; when resulting trusts arise; how resulting trusts differ from express trusts; examples of resulting trusts.
Constructive Trusts: Definition of constructive trusts; how they are created; differences between constructive trusts and express trusts.
Trust Property: What qualifies as trust property; the concept of trust property; property that can be held in trust.
Trustee Duties and Powers: The duties of trustees in equity and trusts; their powers and limitations; how a trustee can resign, retire, be removed or dismissed.
Beneficiary Rights and Remedies: The rights of beneficiaries under equity and trusts; remedies available to them; how to enforce claims against trustees.
Fiduciary Relationships: A look at fiduciary relationships in equity and trusts; what constitutes a fiduciary relationship; how to identify fiduciary relationships outside of trust law.
Charitable Trusts: The importance of charitable trusts in the law; their criteria and requirements; tax implications of charitable donations.
Trust Administration and Termination: The process of trust administration; how a trust can be terminated or wound up; who is responsible for this process.
Equitable Remedies and Trusts: A look at the equitable remedies available under equity and trusts; the types of equitable relief available to beneficiaries and how to obtain them.
Historical Introduction: This type of introduction focuses on the history of equity and trusts and helps one to understand the origin and development of the principles of equity and trusts.
Philosophical Introduction: This type of introduction deals with the moral and ethical principles on which equity and trusts are based. Philosophical aspects are important to comprehend the issues of fairness, justice and morality.
Statutory Introduction: This type of introduction focuses on the legal provisions that govern equity and trusts. It helps one to understand the role of the Parliament in regulating trusts and equity through legislation.
Comparative Introduction: This type of introduction analyzes and compares the differences and similarities between equity and trusts in different legal systems. It helps to understand the similarities and differences between these principles in legal systems, such as common law, civil law, and mixed legal systems.
Theoretical Introduction: This type of introduction deals with the theoretical principles of equity and trusts, analyzing the concept of trusts, how they operate and how they are regulated.
Literary Introduction: This type of introduction involves the study of the literature that has influenced the development and practice of equity and trusts. It helps students understand the background of equity and trusts by studying key works in the field.
Sociological Introduction: This type of introduction analyses the role of equity and trusts in society, and the social impact that it has had on society. It helps one to understand the impact of equity and trusts on different aspects of life.
Practical Introduction: This type of introduction is designed to enable one to practice in the field of equity and trusts. It offers comprehensive practical advice on how to handle trusts, and how to manage assets, among other things.
Legal introduction: This type of introduction offers an overview of the legal system, including the different types of court in which equity and trusts are filed. It covers the differences between common law and civil law, and how they apply to equity and trusts.
Comparative Law introduction: This kind of introduction focuses on the approach of different jurisdictions to the law of equity and trusts. It provides comparative study of the development of equity and trust in different legal systems.
"Equity is the particular body of law, developed in the English Court of Chancery..."
"Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law..."
"Equity has its own unique rules and principles, and was administered by courts of equity."
"Equity exists in domestic law, both in civil law and in common law systems, and in international law."
"The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Roman law (aequitas)."
"Later, in civil law systems, equity was integrated into the legal rules..."
"..., while in common law systems it became an independent body of law."
"...providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter."
"...administered by courts of equity."
"...equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law."
"...equity exists in domestic law, both in civil law and in common law systems, and in international law."
"The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Roman law (aequitas)."
"Later, in civil law systems, equity was integrated into the legal rules..."
"Equity has its own unique rules and principles..."
"...providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter."
"...developed in the English Court of Chancery..."
"Equity has its own unique rules and principles, and was administered by courts of equity."
"...equity is a field of law separate from common law..."
"Equity exists in domestic law, both in civil law and in common law systems, and in international law."