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THE UNIVERSITY OF TECHNOLOGY, JAMAICA

FACULTY OF LAW

EQUITY AND TRUST 1

TUTORIAL SHEET NO. 2

September, 2010
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QUESTIONS

1. ‘The maxims of equity are unreliable. Though rarely completely meaningless or false, they have a
tendency to obscure and mislead, and to stand in the way of analysis of the real principles and
policies which shape the law.'

Discuss. General background as to the maxims of equity. There contribution to the law.
Whether or not there are real principles which policies shape the law.
Her:compare and contrast like common law, statute,constitution
I find it a vague incorrect statement to postulate that the maxims of equity are unreliable. This is
so as they outline the general statements as to the foundation on which equitable
principles arise. We are then lead to ask what are the real principles that shape the law? If
in making such analysis we fail to agree that equity or the maxims of equity influence and
shape the law then we fail to address the just and fair qualities of the law. The maxims of
equity prima facie creates legal policies and principles and in no sensible way obstruct
and analysis of policies which shape the law.

2. “Mareva injunctions and Anton Pillar orders have been described as the law's "nuclear
weapons".(takes you by surprise)

a. Why is this?

b. To what extent do they enhance the rights of a plaintiff?

c. What safeguards have been built into the system to safeguard the rights of the
defendant?

The plaintiff has to establish all the elements before he can get an order. For freezing the
court has jurisdiction to hear it in the 1st place. He would have to have a good
arguable case. The D appears to have assets in the jurisdiction. There is a real risk
that those assets will be removed from the jurisdiction or displaced. The real risk
that if the injunction is not granted the D will not be able to satisfy the things
claimed

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The Search….the plaintiff would have to show a strong prima facie case on its merits.
Anton Pillar case 1976

3. “The passing of the Judicature Acts of 1873 and 1875 only function to effectively fuse the
administrative functions of both sources of law.”

Discuss.

4. Outline the history, uses and purposes of Trusts.

Speak about the statute of uses and the use of trust

5. Distinguish between Equitable interests and Mere Equities.

In property a person with an equitable interest takes the property subject to the mere equity. Only
a bona fide purchaser for value without notice can take the property without encumbrances. A
bona fide purchaser for value with notice have to contest the equitable interest but not the mere
equity

6. Explain end evaluate the equitable rules as to Priorities.

7. Describe the circumstances in which the provisions of trusts reduce the incidence

of taxation.

EQUITY AND TRUST LAIN MCDONALD AND


ANN STREET…….
Prepared by Kedian T. Francis