Property Law: Origins of Equity

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Last updated: June 26, 2023

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Hint	Answer
Why could England be divided and not Normandy in 1087?	Obtained by conquest, not inheritance
What is a ‘Knight Tenure’	Where a knight held land in exchange for a fee
What is ‘subinfeudating’?	Subdivision of land by a vassal to become a lord over his tenants
What is an ‘incident of feudalism’?	When a knight died, his heir had to pay a relief
What is a ‘military tenure’?	Living on land in exchange for military service
When were they abolished?	1660
Which historical events first started this?	The Crusades
What did the Chancellor realise from the complaints he received?	The trustee's conscience was bound
What is jurisprudence?	Splitting of rights over land into legal and equitable
What were these ‘uses’ used to circumvent?	Incidents of feudalism
When were these abolished?	1536

Hint	Answer
With what instrument?	Statute of Uses
Who did this?	Henry VIII
When did these come to be known as ‘trusts’?	17th Century
Who ruled in favour of the Chancery in their conflict with the common lawyers?	James I
What equitable maxim stemmed from this?	'Equity prevails over law'
What were the two remedies from the Court of Chancery after the restoration?	Specific performance
What were the two remedies from the Court of Chancery after the restoration?	Injunction
The four circumstances where an equitable remedy will be denied?	Damages at law are adequate
The four circumstances where an equitable remedy will be denied?	Plaintiff's conduct is reproachable
The four circumstances where an equitable remedy will be denied?	Impossible to award remedy
The four circumstances where an equitable remedy will be denied?	When claimant asking for specific performance is a volunteer