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1.
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Central royal courts at the end of the 13th century:
K.B.(coram rege)
Common Pleas (bancum commune)
Exchequer of Pleas (placita in scacario)
The High Court of Parliament
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2.
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Memoranda de Parliamento of 1305 (Mats. p. V–40):
“To our lord the king, Adam Kereseye and Joan his wife show that when they
impleaded Sir John de Ferrers and Avis his wife of a certain piece of land
before the justices of CB on the ground that the land is Joan’s inheritance
from her cousin who died seised of it, John and Avis pleaded that the king
gave the land to a man whose heir Avis is, and they showed a charter of our
lord the king about it and said that they could not reply without him, for
which reason the justices dismissed the case. Wherefore Adam and Joan pray
the lord our king, if it pleases him, that the justices proceed in the plea
according to the law and usage of the realm notwithstanding the aforesaid
charter such that their right not be further delayed nor the said Joan
disinherited.”
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3.
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Structure of the medieval Chancery
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a.
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Twelve clerici ad robas. Chief
is the Master of the Rolls.
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b.
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Twelve bougiers (crown grants clerks and petty bag on the Latin [IPM]
side)
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c.
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Twenty-four cursitors
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d.
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6 clerks to help the MR with the equity business (10 clerks for each)
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4.
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Meanings of the word “equity”
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a.
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Latin aequitas < aequus, flat, plain, like or
similar, equal
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i.
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reasonable, similar in ordinary language, in legal writing:
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ii.
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like cases to be judged alike—rule of law
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iii.
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body of principle that lay beyond the law—natural equity
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iv.
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a principle of interpretation = epieíkeia
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b.
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Medieval meanings
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i.
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Natural equity = Christian morality
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5.
The Chancery c.1700:
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a.
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Substantive jurisdiction:
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i.
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trusts
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ii.
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equitable interests in land (family settlements)
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iii.
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mortgages, the equity of redemption, equitable mortgages, liens
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iv.
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infants, guardianship
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v.
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supervision of accounts and administration of decedants’ estates
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vi.
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equitable relief (rescission, reformation) for fraud, mistake, accident,
undue influence
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b.
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Equitable remedies
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i.
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injunction/specific performance
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ii.
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quia timet —> quiet title
—> declaratory judgment
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iii.
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rescission, restitution and reformation
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iv.
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accounting
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v.
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receivership
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c.
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Equitable defenses
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i.
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set-off
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ii.
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release and waiver
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iii.
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acquiescence and laches
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iv.
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equitable estoppel :: estoppel in pais
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d.
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Equitable concepts
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i.
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fraud, mistake and accident in contracts
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ii.
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relief against penalties and forfeitures
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iii.
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equity in property, whereby an obligation may attach to a piece of
property
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e.
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Maxims
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