Equity, Conscience, And Unjust Enrichment Essay

Equity, Conscience, And Unjust Enrichment - Essay ExampleThe doctrines are progressive, bully and improved and if we want to know what the rules of impartiality are, we must look, of course, rather to the more modern than the more antediluvian casesThe contention that both branches of law are fused for practical purposes is more recent. Despite the fact that the primacy of equity was reaffirmed in the Supreme Court Act 19814 s 49 (1), (2), Lord Diplock took the view thatLord Browne-Wilkinson state in Tinsley v Milligan 19946 that English law was now a single law which was made up of legal and equitable interests, and a person owning either type of estate had a right of property amounting to a right in rem not merely a right in personam. This is arranged with Lord Goffs view in Napier and Ettrick (Lord v Hunter 19937However, this did not prevent equity from developing unexampled correctives and devices to meet bran-new circumstances. Lord Denning was a proponent of the view tha t law and equity had fused for both administrative and practical purposes. He seemed to interpret this to symbolize on the one hand, that all remedies were available regardless of the origin of the cause of action.8 On the other hand, he continued to recognize equitys ability to create new remedies and recognize rights, through such concepts as the new model constructive trustEquity is not past the age of childbearing. One of her latest progeny is a constructive trust of a new model.This does not mean that equity is past childbearing simply that its progeny must be legitimate - by power out of principle. It is well that this should be so otherwise, no lawyer could safely advise on his clients call and every quarrel would lead to a law-suit.