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Subject Matter Essay

  • Submitted by: xmakedamnsurex
  • on January 8, 2013
  • Category: English
  • Length: 2,336 words

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Below is an essay on "Subject Matter" from Anti Essays, your source for research papers, essays, and term paper examples.

The case of Hunter v Moss [1994](1) is deemed as being controversial and confusing(2) because of the inconsistency with the key case law regarding certainty of subject matter and also due to the lack of prior judgement on the matter of intangible property. The statement that the solution in Hunter v Moss is fair, sensible and workable is widely criticised and is seen as “equity helping a volunteer to make an imperfect gift perfect”(3). While those in favour of the solution believe that the initial intention of equity is shown by stopping a clearly intended trust from failing on the grounds of certainty of specified subject matter. I will assess the validity of the statement while looking at relative case law surrounding the topic to come to my own conclusion as well as the nature and creation of a trust in equity.
Equity is, in the broad sense, a term that invokes the principles of fairness and justice. Modernly it's influence is used in every aspect of civil law. Prior to the Judicature Acts of 1873 and 1875(4) equity was a branch of law administered by the Court of Chancery by the Lord Chancellor. The reason for this being was that although common law and equity evolved side by side, a problem arose because although the common law produced a certainty in the law by its rigid and technical application there was a deficiency in the lack of justice that resulted. Where as equity, by contrast, is primarily concerned with what is fair and just and less concerned with the strict application of law which in turn makes it more flexible. What would usually happen would be those that had felt wronged by the unjust nature of the common law would appeal to the King who would then pass along the matter to the Lord Chancellor who would distribute equity where he saw fit. Eventually the two courts were merged, possibly due to the expensive and inconvenient nature of having a dual system of courts and also the obvious conflict that arose between the common law judges and...

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"Subject Matter". Anti Essays. 14 Dec. 2018

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Subject Matter. Anti Essays. Retrieved December 14, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Subject-Matter-384716.html


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