Download A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.) PDF

By Brenda Mothersole, Ann Ridley (auth.)

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Equity will not suffer a wrong to be without a remedy We have seen that equity developed in response to the technical defects in the common law, which often prevented a person from obtaining a suitable remedy. This maxim illustrates the point that equity, being more flexible than the common law, could ensure that a person would not be unjustly deprived of a remedy. • Equity follows the law In cases where the common law provides an adequate remedy, equity will not intervene. The relationship between law and equity is a complex one, and although the Judicature Act 1873provides that, in the event of a conflict between law and equity, equity willprevail, wherever possible equity will ensure that its rules and principles are in line with those of the common law.

The Trust, as we have seen, is based on equity and Tinsley defended the counterclaim by saying that made, and both the law of employment and the law of sale of goods build on this general body of law, creating particular rights and duties as between employer and employee and the buyer and seller of Milligan's 'hands were not clean' in that she had put the house in Tinsley's name in order to defraud the DHSS . The judge discussed the common law first and said that the principle ex turpi causa non oritur actio should be applied flexibly.

1 What arguments would you put to support Milligan's counterclaim in order to persuade the court that she should get a share in the house? 2 How would you decide this case, having balanced the consequences of granting relief to Milligan against the adverse consequences of refusing relief? Having discussed the common law and decided that it would be unjust to allowTinsley to claim sole ownership, the judge went on to discuss the equitable maxim: The recent cases have emphasised that the old common law maxim, exturpi causa non oritur actio .

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