LAW 1038 · Equity and Trusts (English): The Role of Equity

Led by F.W. Maitland Simulacrum

The historical development of equity, its maxims and underlying principles, the nature and modern uses of the trust, and equity's principal contributions to English law.

1. Module 1

   The Role of Equity

   Led by F.W. Maitland Simulacrum

   The question

   How did equity arise as a corrective to the rigidity of the common law, and what are the maxims and principles that govern it? The module covers the historical development from the Court of Chancery through the Judicature Acts, the principal maxims of equity, the nature of the trust as a split between legal and equitable ownership, the main categories of trust from family trusts to the commercial Quistclose trust, and equity's contributions to English law — flexibility, home-ownership disputes, protection of mortgagors, and remedies where damages fail.

   Outcome

   The student can explain the historical development of equity, state the principal maxims, analyse the trust as a split between legal and equitable ownership, distinguish the main categories of trust, and apply equitable principles to a scenario with reasoned legal analysis. (Foundational orientation)

   Sub-units

   1. ○ 1.1 Development of Equity and the Maxims Open this unit → ✓ ↻
   2. ○ 1.2 The Nature and Origins of the Trust Open this unit → ✓ ↻
   3. ○ 1.3 Uses of Trusts Including Modern Uses Open this unit → ✓ ↻
   4. ○ 1.4 Contributions of Equity and Application Open this unit → ✓ ↻
   Begin the course → Print certificate of completion