UNIVERSITY OF THE WEST INDIES
FACULTY OF LAW
EQUITABLE REMEDIES
Worksheet 2
JUDICATURE ACT
2008/20089
Meagher, Gummow & Lehanes, Equity (Doctrines & Remedies), 4th edn., chp. 2
Hanbury and Martin, Equity, 6th edn., pp. 14-26
Baker and Langan, Snell’s Equity, 29th edn., pp. 14-17
Keeton and Sheridan, Equity, 3rd. edn., pp. 55-109
Duggan, (1997) 113 L.Q.R. 601
Baker, (1977) 93 L.Q.R. 529
THE FUSION FALLACY
What is “fusion”?
“What I had in mind was this: that when you speak of “fusion” you may mean one of two things. You
may mean that the component parts disappear altogether in the new entity that is created; or you may
mean that they have combined or coalesced for particular purposes or have become subject to some single
control, though retaining their separate and original individualities”, per Evershed, L.J. in “Equity after
Fusion: Federal or Confederate” (1948) J.S.P.T.L. 171,175.
“It is important, in this discussion, to be clear as to what is meant by the claim that law and equity are
fused. If it means that there is now no distinction or difference between legal rights and remedies and
equitable rights and remedies, it cannot be supported”: Modern Equity, 16th edn., p.21
Fusion
See also
Tinsley v. Milligan [1994] 1 A.C. 340
Coulthard v. Disco Mix Club Ltd [2000] 1 W.L.R. 707
Agreement for sale or lease not under seal
Walsh v. Lonsdale (1882) 21 Ch. 9
Manchester Brewery v. Coombs [1901] 2 Ch. 608
Boyer v. Warbey [1953] 1 Q.B 234
Wiltshire v. Cain (1959) 2 WIR 12
Gloucester House Ltd. v. Peskin (1961) 3 WIR 375
Schalit v. Joseph Nadler Ltd. [1933] 2 KB 79
Liability of personal representative
Job v. Job (1877) 6 Ch.D 562
Duty of Care
Hedley Byrne v. Heller [1964] A.C 465
Mortgagor's power of sale
Cuckmere Brick Co. Ltd. V. Mutual Finance Ltd. [1971] 2 All E R 633
Burgess, "Mortgagee's Duty to Third Parties" [1991] Carib. L.R 36
Variation of Deeds
Spence v. Hearley 155 E.R 1520
Steeds v. Steeds (1889) 22 QBD 537 at 539
Berry v. Berry (1929) 2 K.B 316
Promissory Estopel
Central London Property Trust Ltd. v.