UNIVERSITY OF THE WEST INDIES
FACULTY OF LAW
EQUITABLE REMEDIES
History of Equity
Worksheet I
2007/2008
1.
Introduction: The Nature of Equity and Historical Background
READING: Keeton and Sheridan: Equity (3rd edn.1987) Chapter 2, pp. 33 - 58
Hanbury and Martin: Modern Equity (16th edn. 2001) by Jill Martin: Chapter 1.
pp. 3 - 20 (referred to as Hanbury)
Pettit: Equity and the Law of Trusts (9th edn. 1997) Chapter 1, pp. 1 -4 (referred
to as Pettit)
Megarry and Wade: The Law of Real Property (6th edn. 2000) pp.95 - 98
Maitland: Equity (ed. Chaytor and Whittaker) (1969) Lectures 1 and 2
Snell: The Principles of Equity (29th edn. 1990) pp. 5 - 14
Introduction of Equity into the Caribbean
Patchett, "The Reception of English Law In the West Indies" Faculty of Law
Library, Call No. KL 414. P.38
Ramsahoye:The Development of Land Law in British Guiana (1966), Chapter 7,
pp. 273 - 289
D. White, "Equity in the Law of St. Lucia" [1977] Comp. Law Year Book 105
K. D. Anthony, The Mixed Legal System of St. Lucia, etc, Vol. 1, 1980 at pp. 520 -
530
Tutorial Questions
(1)
"That Equity, like the Common Law, should in its adolescence become secular, and thus
sacrifice its quest for abstract justice on the alter of technicalities was inevitable."
Comment.
(2)
State and describe the three main jurisdiction of the Chancery Courts before 1873
(3)
How did equity develop to become a systematic body of rule?
(4)
“Gradually the rules of equity themselves came to suffer the fate of common law and
became stereotyped.”
Discuss.
(Exam:1993 June, 2001 May, 2005 May).
(5)
"Equity is a roguish thing, for law we have a measure" Comment.