An analysis of to what extent the Courts are willing to overlook equitable maxims in order to achieve practical justice.
Written in 2005; 3,825 words; 6 sources; APA; $ 104.95
Paper Summary:
This paper endeavours to establish whether six influential judicial decisions have extended orthodox equitable principles as an effort of achieving practical justice. The maxims of equity are closely adhered to as its principles are reflected and upheld via a strong body of case law. It looks at how, despite equity's tendencies of protecting their maxims as a means of providing a flexible alternative to the common law, some modern judicial activists as well as academics have sought to expand, and at times overlook the nexus of equitable principles in order to achieve practical justice.
Outline
Introduction
The Impact of Six Influential Judicial Decisions
From the Paper:
"Equally, the growing significance the utilitarian application of trusts for commercial purposes have implied a more modernised approach of trusts law. Consequently, this essay will also examine whether equity has departed from its traditionally devised means of providing trusts over land and over the family home to become a method of aiding and protecting many commercial dealings. Indeed, it may be argued that orthodox principles of equity are aptly suited to the historical applications of trusts in the context of family settlements, however lack real significance in the modern world of commerce and forms of increasingly complex trusts."
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