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UNIVERSITY OF THE WEST INDIES
FACULTY OF LAW
EQUITABLE REMEDIES
2006/2007
COURSE OUTLINE
INTRODUCTION
1.
History of Equity and Introduction of Equity into the Commonwealth Caribbean
2.
The Judicature Act, 1873, and the fusion fallacy.
3.
Maxims of Equity
(a)
He who comes to equity must come with clean hands
(b)
He who comes to equity must do equity
(c)
Delay defeats equity
(d)
Equality is Equity
(e)
Equity Acts in Personam
Maxims to be considered in outline
(f)
Equity would not suffer a wrong without a remedy
(g)
Equity follows the law
EQUITABLE REMEDIES
(a)
The injunction
General principles -
Discretionary remedy, Remedy in personam, Protection of rights
Types of injunction - (a) Prohibitory, (b) Mandatory, (c) Quia temit and
(d) Interlocutory
- particularly the American Cyanamid Case (H.L. 1975); the Mareva
Injunction; the Anton Piller Order
(b)
Specific performance -
(i)
Discretionary factors
(ii)
Specific performance in particular situations
(a)
Personal service contracts
(b)
Part Performance
(c)
Contracts to pay money
(d)
Proprietary estoppel
(e)
Licence
(c)
Damages in equity
EQUITY IN A SOCIAL CONTEXT - Equity through the use of the Trust concept
(i)
The Trust Today
(a)
Definition of a Trust: its principal uses.
(b)
The Trust distinguished from other legal concepts.
(ii)
Classification of Trusts
(a)
Express, Implied, Resulting and Constructive Trusts.
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(b)
Private and Charitable Trusts.
(c)
Fixed and Discretionary Trusts.
(d)
The uses of the Trust in relation to matrimonial property rights and in
relation to property rights of ̀ defacto spouses' the ̀ New Model' Constructive
Trust.
READING LIST
1.
REQUIRED READING
(i)
HANBURY AND MAUDSLEY: Modern Equity (latest edition)
by Jill Martin
(ii)
HEYDON: GUMMOW: AUSTIN: Cases and Materials on Equity and Trusts (latest
edition)
(iii)
OWUSU, Commonwealth Caribbean Land Law (CCLL)
(iv)
GILBERT KODILINYE: The Law of Trusts In The West Indies Cases And
Commentary
2.
RECOMMENDED READING
(i)
MEAGHER: GUMMON: LEHANE: Equity - Doctrines and Remedies (lates