UNIVERSITY OF THE WEST INDIES
FACULTY OF LAW
History of Equity and Introduction of Equity into the Commonwealth Caribbean
The Judicature Act, 1873, and the fusion fallacy.
Maxims of Equity
He who comes to equity must come with clean hands
He who comes to equity must do equity
Delay defeats equity
Equality is Equity
Equity Acts in Personam
Maxims to be considered in outline
Equity would not suffer a wrong without a remedy
Equity follows the law
General principles -
Discretionary remedy, Remedy in personam, Protection of rights
Types of injunction - (a) Prohibitory, (b) Mandatory, (c) Quia temit and
- particularly the American Cyanamid Case (H.L. 1975); the Mareva
Injunction; the Anton Piller Order
Specific performance -
Specific performance in particular situations
Personal service contracts
Contracts to pay money
Damages in equity
EQUITY IN A SOCIAL CONTEXT - Equity through the use of the Trust concept
The Trust Today
Definition of a Trust: its principal uses.
The Trust distinguished from other legal concepts.
Classification of Trusts
Express, Implied, Resulting and Constructive Trusts.
Private and Charitable Trusts.
Fixed and Discretionary Trusts.
The uses of the Trust in relation to matrimonial property rights and in
relation to property rights of ̀ defacto spouses' the ̀ New Model' Constructive
HANBURY AND MAUDSLEY: Modern Equity (latest edition)
by Jill Martin
HEYDON: GUMMOW: AUSTIN: Cases and Materials on Equity and Trusts (latest
OWUSU, Commonwealth Caribbean Land Law (CCLL)
GILBERT KODILINYE: The Law of Trusts In The West Indies Cases And
MEAGHER: GUMMON: LEHANE: Equity - Doctrines and Remedies (lates