The Law of "Equity" began in the court of chancery which was set up because a fair and just remedy could not be given through common law as monetary compensation was not suitable and sometimes a well-deserving plaintiff was denied because of the writs where quite narrow and rigid. Courts were guided by the previous decisions and that's how the twelve maxims were formulated. These maxims limit the granting of equitable remedies for those who have not acted equitably. The decisions of the court of chancery and common law were constantly conflicting. this rivalry was ended in the  Earl of Oxford case 1665. In which the king stated: Where common law and equity conflict equity should prevail: The two courts are now unified and the same judges give decision out common law and equity.

       The law relating to equity is largely built on precedents. The rules have been built upon by previous situations which they have dealt with. Although there has been a lot of disagreement about changing laws and adding to the law of equity, the rules that have been accepted by proceeding judges became precedent and are now known as maxims and are used as guidelines by the court. A statement by Denning as equity is born from the interpretation of judges and their problem-solving abilities. There are a lot of different rules regarding equity that have all been created through the present. It is my opinion that although Equity dates back hundreds of years and the law is still just as relevant. I think that as long as there are judges to create precedent there can be new law created in equity.

     The course will begin by considering the introduction, historical basis, and development of equity, especially in Pakistan. The various areas of maxims will be examined in detail. After completion of both half of the course, the students would able to apply and evaluate the principles of equity, engaging actively with both primary and secondary materials. Students are also expected they would apply and evaluate the principles of express trusts, including setting up and kinds of trust besides duties, rights, and powers of trustees and the consequences of a breach of trust and the remedies available along with a comprehensive understanding of equitable and specific relief.

Learning Outcomes:

    After completion of both half of the course, the students would able to apply and evaluate the principles of equity, engaging actively with both primary and secondary materials. Students are also expected they would apply and evaluate the principles of express trusts, including the setting up and kinds of trust besides duties, rights and powers of trustees, and the consequences of the breach of trust and the remedies available along with a comprehensive understanding of equitable and specific relief.

Text Books:​
1) Law of Equity (Amended up-to-date)
2) Specific Relief Act  1877 (Amended up-to-date)
3) The Trust Act  1882 (Amended up-to-date)
 
Recommended Books:-
1) Equity, Trust, and Specific Relief by B. M. Gandhi.(Punjab Law Book House Lahore)
2) The Trusts’ Act, (II of 1882) by M. A. Zafar. (Irfan Law Publisher)
 
Key Dates:
Semester Start date: Jan 13, 2020
Semester End date: May 08, 2020

Class description:

Program Name: LLB 3-Years
Session: 2019-21
Semester: II (Readmission)
Class Timings:
Thursday & Friday:  08-00-10-00 AM
Student's workload:
Classes - 48 h
Preparation for the classes and exam 08 h
altogether - 48 h
 
Type of course
Obligatory Course
 
Credit Hours
04
 
Mode
in English

Assessment Criteria:

Sessional:                      20
According to the following distribution:-
 Assignments     = 05
 Presentations    = 05
 Quiz                  = 05
Attendance        = 05

 

Mid Term (Term paper): 30
Final Term                   50

Written exam during the end-of-term examinations. Final grade depends on the results of each part of the exam – it is necessary to obtain more or equal 50% of points to pass the exam.

Instructor: Ashraf Rahimi
Call & Whatsapp: +92 3006055405

 

Course Material