Write short notes about the following maxims of Equity: a) He who seeks Equity must do Equity. b) He who comes to Equity must come with clean hands. c) Equity is Equality / Equality is Equity. d) Delay defeats Equity. e) Where the Equities are equal, the first in time shall prevail. QUESTION 2 Examine the principles that govern the equitable remedy of injunctions. QUESTION 3 Select any three equitable doctrines and discuss the principles governing each. QUESTION 4 Amber wishes to set up a trust for her children. Advise her on the three certainties. QUESTION 5 Alex is a successful businessman in Champala city. He would like to set up the following charitable trusts: a) 50,000,000 UGX to be held on trust by Baby Simba orphanage for the benefit of the wives and children of any of its employees or ex-employees who fall into financial difficulties. b) 50,000,000 UGX to be held on trust by the office of the Lord Mayor of Champala for the education of children below 15 years in Champala. c) 50,000,000 UGX to be held on trust by Good Faith Ministries to promote religious activities in Champala. d) 50,000,000 UGX to be held on trust by Clean Air International to campaign against environmental damage caused by the manufacturing industries operating in Champala. Advise Alex as to the charitable status of the above dispositions under the historically developed headings of charitable purpose trusts.
Question
Write short notes about the following maxims of Equity: a) He who seeks Equity must do Equity. b) He who comes to Equity must come with clean hands. c) Equity is Equality / Equality is Equity. d) Delay defeats Equity. e) Where the Equities are equal, the first in time shall prevail. QUESTION 2 Examine the principles that govern the equitable remedy of injunctions. QUESTION 3 Select any three equitable doctrines and discuss the principles governing each. QUESTION 4 Amber wishes to set up a trust for her children. Advise her on the three certainties. QUESTION 5 Alex is a successful businessman in Champala city. He would like to set up the following charitable trusts: a) 50,000,000 UGX to be held on trust by Baby Simba orphanage for the benefit of the wives and children of any of its employees or ex-employees who fall into financial difficulties. b) 50,000,000 UGX to be held on trust by the office of the Lord Mayor of Champala for the education of children below 15 years in Champala.
c) 50,000,000 UGX to be held on trust by Good Faith Ministries to promote religious activities in Champala. d) 50,000,000 UGX to be held on trust by Clean Air International to campaign against environmental damage caused by the manufacturing industries operating in Champala.
Advise Alex as to the charitable status of the above dispositions under the historically developed headings of charitable purpose trusts.
Solution
a) He who seeks Equity must do Equity: This maxim emphasizes that in order to seek fairness or justice (equity), one must also be willing to act fairly and justly themselves. It implies that a person cannot expect equitable treatment if they themselves are not willing to abide by the principles of equity.
b) He who comes to Equity must come with clean hands: This maxim highlights the requirement that a person seeking equitable relief must have clean hands, meaning they must not have engaged in any wrongdoing or unethical behavior themselves. It signifies that a person cannot seek the help of equity if they themselves have acted unjustly.
c) Equity is Equality / Equality is Equity: This maxim suggests that equity and equality are closely intertwined. It implies that in order to achieve true equity, there must be equality in treatment and opportunities. It emphasizes the importance of fairness and equal treatment in the application of equitable principles.
d) Delay defeats Equity: This maxim signifies that if a person delays in seeking equitable relief, they may lose their right to such relief. It emphasizes the importance of prompt action in seeking justice and highlights the potential consequences of delaying the resolution of a dispute.
e) Where the Equities are equal, the first in time shall prevail: This maxim states that when two parties have equal claims to equitable relief, the party who first sought the relief will be given priority. It emphasizes the significance of timing in equitable matters and establishes a principle of "first come, first served" in certain situations.
For Question 2, the principles governing the equitable remedy of injunctions include the requirement of irreparable harm, the balance of convenience, and the principle of equity's jurisdiction to prevent a wrong.
For Question 3, three equitable doctrines and their governing principles could be:
- Doctrine of Laches: This doctrine emphasizes the importance of timely action and bars a party from seeking equitable relief if they have unreasonably delayed in asserting their rights.
- Doctrine of Estoppel: This doctrine prevents a party from denying or asserting something contrary to what they have previously stated or done, in order to prevent injustice or unfairness.
- Doctrine of Constructive Trust: This doctrine imposes a trust on a person who has acquired property through unjust or unconscionable means, in order to prevent unjust enrichment and ensure fairness.
For Question 4, the three certainties required for setting up a trust are:
- Certainty of intention: There must be clear and unequivocal intention to create a trust.
- Certainty of subject matter: The property or assets to be included in the trust must be clearly identified.
- Certainty of objects: The beneficiaries or purposes of the trust must be clearly defined and ascertainable.
For Question 5, the charitable status of the dispositions under the historically developed headings of charitable purpose trusts would depend on whether they fulfill the legal requirements for charitable purposes, such as being for the public benefit, having a clear charitable purpose, and not being contrary to public policy. Each of the mentioned trusts would need to be examined in light of these requirements to determine their charitable status.
Similar Questions
make an assingment on "injunction" chapter of equity and law of trust subject
Equity theory is focused on explaining how people work to achieve which of the following? (Choose every correct answer.)Multiple select question.JusticeDissonanceFairnessMotivation
What is defined as equal rights, equal treatment, and equitable opportunities for all?
Explain the following Principles:i) intergenerational equity
When equitable rights are in conflict, the first in time prevails when:a.The second has notice of the first;b.Always unless there is postponing behaviour such as misrepresentation;c.The first is acquired for value.d.The first has notice of the second;
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.