Equity, Conscience, And Unjust Enrichment Essay

Equity, Conscience, And Unjust Enrichment - Essay ExampleThe doctrines are progressive, refined and improved and if we want to know what the rules of up decentness are, we must look, of course, rather to the more modern than the more ancient casesThe contention that both branches of honor are coalesced for practical purposes is more recent. Despite the situation 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 said 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 consistent with Lord Goffs view in Napier and Ettrick (Lord v Hunter 19937However, this did not prevent equity from developing new correctives and devices to meet new circumstances. Lord Denning was a proponent of the view that law and equity had fused for both administrative and practical purposes. He seemed to interpret this to mean on the one hand, that all remedies were available regardless of the origin of the cause of action.8 On the otherwise 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 medieval 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 exclusively that its progeny must be legitimate - by precedent out of principle. It is well that this should be so otherwise, no lawyer could safely advise on his clients title and every quarrel would lead to a law-suit.