Section outline

  • The Soul and Spirit of all Law

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    PDF) Law of Equity and Trust | Veeshalla Maharaj - Academia.edu


    Mohammad Abu Sufian
    LL.B. (Hons.) & Double LL.M. (London)
    Certificate of Higher Education in Law (London)
    Sr. Lecturer, Department of Law
    Assistant Proctor
    Daffodil International University
    PhD Scholar, Techno India University, West Bengal, India
    Advocate, Supreme Court of Bangladesh
    Cell: 01716362630
    E-mail: sufian.law@diu.edu.bd


  • Welcome to the Course

    Law of Equity and Trust (Law 203)


    Instructions/Guideline for the course:

    1. All the students registered for this course have to enroll in Moodle and can find all the course materials here.

    2. Any announcement regarding the class will be posted on the course "Notice Board" ans you have to be active and check it regularly.

    3. One discussion or feedback forum is created under each of the lecture Students have to give their feedback on these forum and marks will be given for their feedback

    4. All the students have to submit a copy of their assignment, special tasks or reports under specific section created here and for this they will be graded here.

    5. All the quizzes and presentation will be held on face to face class and may be few of the class will be held on online (Moodle) and it will be announced before the class. 

    Exception: During Summer-2020 semester, all the classes will be conducted online using "Google Meet". Recorded audio and video class lectures will be uploaded here along with the class lecture materials like: Slides, Docs or PDFs.

    6. The question pattern and the syllabus for the quizzes, midterm and final exam is given here under each of the section (quizzes, midterm and final)

    7. There are midterm and final exam preparation forum under these sections where students can discuss with each other about their midterm and final exam syllabus, any problem regarding the exam etc.

    8. There will be attached materials, videos or website link with every lecture. You are requested to check out those before every class for better understanding.

    9. At the end of the course, there is a feedback section where every student must write their opinion.


    Aims and Objectives: 

    Equity is the soul and spirit of all law. Positive law is constructed and natural is is made by it. Equity is the synonyms of justice. The objective of the course is to provide students with an overall understanding of the law of equity with special emphasis on fiduciary obligations and trusts. The course will consider the history of equity, basic principles which dominate its jurisprudence and the relevance of equity today; the nature of trusts, recognized categories of fiduciaries and the extension of these categories in recent times, breach of fiduciary obligations, defenses and remedies for the breach of fiduciary obligations; the requirements for express trusts, the liability of a third party to a breach of trust or fiduciary duty, and the remedies for breach of trust and fiduciary duty.This course assumes a knowledge of contract, property and legal history. The subject reinforces and deepens understanding of specific doctrines referred to in other courses such as Contracts, Property, Corporations Law and Family Law.


    Course Content: 

    1. Maxims:

    Equity sees that as done what ought to be done/ Equity will not suffer a wrong to be without a remedy

    Equity delights in equality/ One who seeks equity must do equity

    Equity aids the vigilant, not those who slumber on their rights/ Equity imputes an intent to fulfill an obligation

    Equity acts in personam or persons/ Equity abhors a forfeiture

    Equity does not require an idle gesture/ He who comes into equity must come with clean hands

    Equity delights to do justice and not by halves/ Equity will take jurisdiction to avoid a multiplicity of suits

    Equity follows the law/ Equity will not aid a volunteer

    Where equities are equal, the law will prevail/ Between equal equities the first in order of time shall prevail

    Equity will not complete an imperfect gift/ Equity will not allow a statute to be used as a cloak for fraud

    Equity will not allow a trust to fail for want of a trustee/ Equity regards the beneficiary as the true owner

    2. Trust:

    The Trust Act 1882 of Bangladesh Definition and concept of trust/ Classification of trust

    Distinction of trust from other relationship (Like: Contract, Bailment, Agency, Debt etc.)

    Duties and liabilities of the Trustees/ Rights and powers of the trustees/ Rights and liabilities of the beneficiary


  • Course Notice Board


    Check the course notice board regularly for updates.


    • chat icon
      Student Queries Chat

      Discuss with the teacher or classmates regarding the class notices


  • Welcome to Virtual Course Library


    Every document shared in this section is under the protection of copyright holds by the  concerning author. Students are allowed only to use documents for academic purposes. Using any document for commercial purpose is highly prohibited and will be violation of copyright laws.

    "    For beautiful eyes, look for the good in others; for beautiful lips, speak only words of kindness; and for poise, walk with the knowledge that you are never alone". (Audrey Hepburn)


  • Lecture_1 (Concept of Equity and Case Analysis)

     

    Objective of the Lecture: 

    1. To teach the student about the basic concept of equity and the view of different legal scholars 
    2. Analyzing cases for understanding the nature of equity
    3. Exploring the historical origin of equity


    Lecture Outcomes: 

    At the end of the session students will be able to :

    1. Understand the concept of equity and the view of different jurists
    2. Understand the nature of equity from case analysis
    3. Gather a clear concept about the origin of equity


    Lecture Contents:

    1. Basic Idea about equity including:
    2. Definition of equity under different legal scholars (Plato, Aristotle and Blackstone)
    3. Analyzing the force of equity under the following cases:
    (i) Delhi Development Authority vs. Skipper Construction Company (1996)
    (ii) C. Chenga Reddy vs. State Of Andhra Pradesh, (1996)
    (iii)     Lowe vs. Dixon, (1885)
    (iv)     The Attorney General of Hong Kong vs. Reid, (1993)
    4. Historical Introduction of Equity

    Historical development of equity





    History of the common law and the common law courts




  • Lecture_2 (The Common Law Procedure and Emergence of New Rights)

    Objectives of this Lecture:

    1. To teach the student about the the common law procedure
    2. To find the defects of the common law
    3. To know about the new procedure, rights and remedies emerged for tackling the defects
    4. To know about specific relief, rectification, rescission and injunction
    5. To know about the conflict between equity and common law
    6. To know about the Judicature Act ,1873



    Lecture Outcomes: 

    At the end of the session students will be able to :

    1. Learn the common law procedure
    2. Find the defects of common law
    3. Learn about the new procedure, rights and remedied emerged
    4. Learn about specific relief, rectification, rescission and injunction
    5. Learn about the conflict between equity and common law
    6. Learn about the Judicature Act ,1873

    Lecture Contents:

    1. Common Law Procedure
    (i) The Precedent
    (ii) The Writ system
    (iii) Defects of the common system
     2. New Procedure, Rights and Remedies
    (i) Specific performance
    (ii) Rectification              
     (iii) Rescission
    (iv) Injunction
    3. Conflict between Equity and Common Law
     (i) Earl of Oxford’s case (1615)
     (ii) The Judicature Act (1873)


    Differences between common law and the law of equity



    Legal and equitable remedies explanation

  • Lecture_3 (Maxim 1: Equity will not suffer a wrong to be without a remedy)

    Objectives of this Lecture:

    1. To teach the students about meaning, origin, application, recognition, exception and limitation of the maxim
    2. To teach about Damnum sine injuria (damage without injury)
    3.     To teach about Injury sine damno (injury without damage)
    4. To teach about Damnum cum injuria (both injury and damage)
    5.     To teach about Neither damnum nor injuria (neither injury nor damage)
    6. Application and limitation of the maxim in Bangladesh



    Lecture Outcomes: 

    At the end of the session students will be able to :

    1. Learn the meaning, origin, application, recognition, exception and limitation of the maxim
    2. Learn about Damnum sine injuria (damage without injury)
    3. Learn     about Injury sine damno (injury without damage)
    4. Learn about Damnum cum injuria (both injury and damage)
    5. Learn     about Neither damnum nor injuria (neither injury nor damage)
    6. Learn about the application and limitation of the maxim in Bangladesh

    Lecture Contents:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim
    (i) Gloucester Grammar school case, 1410
    (ii) Ashby v White (1703)
    (iii) Kali Kishen Tagore Vs. Jadoo Lal Mullick
    2. Damnum sine injuria (damage without injury)
    3. Injury sine damno (injury without damage)
    4. Damnum cum injuria (both injury and damage)
    5. Neither damnum nor injuria (neither injury nor damage)
    6. The application and limitation of the maxim in Bangladesh

  • Lecture_4 (Maxim 2 : Equity Follows the Law / Equity had come not to destroy the Law)

    Objectives of this lecture:

    • To teach the students about the meaning, origin, application, recognition, exception and limitation of the maxim along with case analysis



    Lecture Outcomes: 

    At the end of the session students will be able learn about the meaning, origin, application, recognition, exception and limitation of the maxim along with case analysis

    Lecture Contents:

    Meaning, origin, application, recognition, exception and limitation of the maxim with case analysis


  • Quiz_1


    Topic:

    1. Concept of Equity and Case Analysis
    2. The Common Law Procedure and Emergence of New Rights
    3. Maxim 1: Equity will not suffer a wrong to be without a remedy
    4. Equity Follows the Law / Equity had come not to destroy the Law

  • Lecture_5 (Maxim 3 : He who seeks equity must do equity)


    Objectives of this Lecture:

    To teach the student the following topics: 
    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Deeks vs Strutt (1974)
    (ii) Lodge v. National Union Investment Co. Ltd (1907)
    2. Doctrine of Election
    3. Equitable estoppel
    4. Set off (conflicting claims in one proceeding)

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Deeks vs Strutt (1974)
    (ii) Lodge v. National Union Investment Co. Ltd (1907)
    2. Doctrine of Election
    3. Equitable estoppel
    4. Set off (conflicting claims in one proceeding)

    Lecture Contents:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Deeks vs Strutt (1974)
    (ii) Lodge v. National Union Investment Co. Ltd (1907)
    2. Doctrine of Election
    3. Equitable estoppel
    4. Set off (conflicting claims in one proceeding)

  • Lecture_6 (Maxim 4 : He, who comes to equity, must come with clean hands)

    1.

    Objectives of this Lecture:

    To teach the student about the following topics:
    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Everet v Williams [1725] (also known as the “Highwayman's Case”)
    (ii) Chasemore vs Richards (1859)
    2. Comparison between maxim no. 3 and 4

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics: 
    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Everet v Williams [1725] (also known as the “Highwayman's Case”)
    (ii) Chasemore vs Richards (1859)
    2. Comparison between maxim no. 3 and 4

    Lecture Contents:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Everet v Williams [1725] (also known as the “Highwayman's Case”)
    (ii) Chasemore vs Richards (1859)
    2. Comparison between maxim no. 3 and 4

  • Lecture_7 (Maxim 5 : Delay defeats equities)


    Objectives of this Lecture:

    To teach the student about the following topics:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Allcard v Skinner [1887]
    (ii) Ramsden vs Dyson (1866)
    2. Application of the maxim under the Limitation Act, 1908
    3. Doctrine of L aches
    4.     Doctrine of Acquiescence

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Allcard v Skinner [1887]
    (ii) Ramsden vs Dyson (1866)
    2. Application of the maxim under the Limitation Act, 1908
    3. Doctrine of L aches
    4.     Doctrine of Acquiescence

    Lecture Contents:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Allcard v Skinner [1887]
    (ii) Ramsden vs Dyson (1866)
    2. Application of the maxim under the Limitation Act, 1908
    3. Doctrine of L aches
    4.     Doctrine of Acquiescence

  • Lecture_8 (Maxim 6: Equity looks to the intent rather than the form)


    Objectives of this Lecture:

    To teach the student about the following topics:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Parkin vs Therold (1852)
    (ii) Noakes & Co. vs Rice (1902)
    (iii) Salt vs Marquess of Northampton (1892)
    (iv) Stanley vs Wilde (1899)
    2. Relief against Penalties
    3. Relief against Forfeiture
    4. Precatory trust
    5. Relief in Regards to Mortgage
    (i) Right to redemption

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Parkin vs Therold (1852)
    (ii) Noakes & Co. vs Rice (1902)
    (iii) Salt vs Marquess of Northampton (1892)
    (iv) Stanley vs Wilde (1899)
    2. Relief against Penalties
    3. Relief against Forfeiture
    4. Precatory trust
    5. Relief in Regards to Mortgage
    (i) Right to redemption

    Lecture Contents:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Parkin vs Therold (1852)
    (ii) Noakes & Co. vs Rice (1902)
    (iii) Salt vs Marquess of Northampton (1892)
    (iv) Stanley vs Wilde (1899)
    2. Relief against Penalties
    3. Relief against Forfeiture
    4. Precatory trust
    5. Relief in Regards to Mortgage
    (i) Right to redemption

  • Lecture_9 (Maxim 7: Equity looks on that, as done which ought to be done)


    Objectives of this Lecture:

    To teach the student about the following topics:

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Walsh Vs Lonsdale, (1882)
    (ii)     Lachmere vs Lady Lachmere, (1735)
    (iii)     Holroyd v Marshall, (1862)
    (iv)     Walsh v Lonsdale, (1882)
    2. Doctrine of conversion
    3. Executory contracts
    4. Doctrine of part performance

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Walsh Vs Lonsdale, (1882)
    (ii)     Lachmere vs Lady Lachmere, (1735)
    (iii)     Holroyd v Marshall, (1862)
    (iv)     Walsh v Lonsdale, (1882)
    2. Doctrine of conversion
    3. Executory contracts
    4. Doctrine of part performance

    Lecture Contents: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:

    (i) Walsh Vs Lonsdale, (1882)
    (ii)     Lachmere vs Lady Lachmere, (1735)
    (iii)     Holroyd v Marshall, (1862)
    (iv)     Walsh v Lonsdale, (1882)
    2. Doctrine of conversion
    3. Executory contracts
    4. Doctrine of part performance


  • Quiz_2


    Topics:

    Write a brief discussion about all the topics discussed for the midterm examination within 2000 words.

    • quiz icon
      Quiz 2
      Students must
      View

      Write a brief discussion about all the topics discussed for the midterm examination within 2000 words.


  • Midterm Examination


    The examination contains 25 marks and time limitation is 180 minutes. Students have to answer 3 questions out of 5. Among the 3 questions, one question is mandatory to answer and contain 10 marks, rest 2 questions contain 7.5 each.

    • forum icon
      Group Discussion for Examination Preparation Forum

      • Discuss with each other and find the problems regarding upcoming midterm examination
      • Try to solve the problems of each other
      • If you have any problems that you can not solve, then inform me and we will discuss it



    • resource icon
      Examination Question File
      Students must
      Mark as done
    • quiz icon
      Midterm Examination (Submit answer here) Quiz
      Students must
      Receive a grade

      Instructions:

      1. It is an open book examination. The examination contains 25 marks and time limitation is 180 minutes. Students have to answer 3 questions out of 5. Among the 3 questions, one question is mandatory to answer and contain 10 marks, rest 2 questions contain 7.5 each.

      2. The students must complete their examinations within the stipulated time frame, 03 hours.

      3. Students must clear their dues and necessary fees, as is acceptable to DIU, to sit for the examination.

      4. Students, who can, will write answers on BLC and those facing problems will work offline or will either word-processor prepare handwritten manuscripts, and then upload to BLC platform. Students who face problems due to failure of electricity, network jam, etc. in doing so within the stipulated time, must contact the course teacher to get the problem solved through phone (01682036747) or using the google meet link: http://meet.google.com/mzs-ehfo-iwd

      5. Adopting any forms of unfair means or showing any indecent behaviour towards the teacher would be considered a punishable act as per the examination rules.

      6. Students are informed that discussion type questions will mostly be of the creative type, seeking their viewpoints on problematic issues. They are advised to write their answers in their own language expressing their own thoughts and opinions. Teachers are experienced enough to understand copied/memorized or original answers.

      7. Students are warned against copying from books or copy-paste from the net. All answers will be examined through plagiarism checking software and if such unfair means are adopted, the answer script will be scrapped and the student will be penalized.

    • Students must
      Mark as done


  • Lecture_10 (Maxim 8: Equity Imputes an Intention to fulfill an obligation)

    Objectives of this Lecture:

    To teach the student about the following topics: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Sowden vs Sowden, 1785
    2. Principle of fair resemblance
    3. Principle of beneficial construction
    4.Doctrinre of performance and satisfaction
    5. Doctrine of ademption
    6. Doctrine of presumption of advancement
    7. Relief against defective execution of power of appointment
    8. Rule against double portion

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Sowden vs Sowden, 1785
    2. Principle of fair resemblance
    3. Principle of beneficial construction
    4.Doctrinre of performance and satisfaction
    5. Doctrine of ademption
    6. Doctrine of presumption of advancement
    7. Relief against defective execution of power of appointment
    8. Rule against double portion

    Lecture Contents: 

    1. Meaning, origin, application, recognition, exception and limitation of the maxim along with the following case analysis:
    (i) Sowden vs Sowden, 1785
    2. Principle of fair resemblance
    3. Principle of beneficial construction
    4.Doctrinre of performance and satisfaction
    5. Doctrine of ademption
    6. Doctrine of presumption of advancement
    7. Relief against defective execution of power of appointment
    8. Rule against double portion

  • Lecture_11 (Maxim 9 and 10)


    Objectives of this Lecture:

    To teach the student about the meaning, origin, application, recognition, exception and limitation of the maxims: Maxim 9 (Equity is equality) and Maxim 10 (Equity acts in personam)


    Lecture Outcomes: 

    At the end of the session students will be able to understand the meaning, origin, application, recognition, exception and limitation of the maxims: Maxim 9 (Equity is equality) and Maxim 10 (Equity acts in personal)


    Lecture Contents: 

    Meaning, origin, application, recognition, exception, and limitation of the maxims:

     Maxim 9 (Equity is equality)
    Maxim 10 (Equity acts in personam)


  • Lecture_12 (Concept, Origin and Classification of Trust)


    Objectives of this Lecture:

    To teach the student about the following topics: 

    The basic concept of trust

    Origin of trust

    Classification of trusts

    Creation of a trust

    Lecture Outcomes:

    At the end of the session, students will be able to understand the following topics:
    The basic concept of trust
    Origin of trust
    Classification of trusts
    Creation of a trust

    Lecture Contents:

    The basic concept of trust
    Origin of trust
    Classification of trusts
    Creation of a trust

  • Quiz_3


    • quiz icon
      Quiz 3
      Students must
      View
      Receive a grade
      After every class lecture, students had to submit a post on their class understanding. Now summarize all the forum post and share the core learnings from all the posts by a video or audio recording presentation within 10 minutes. Upload the mp3/mp4 file here.

  • Distinction of Trust from other Contractual Relationship



    Objectives of this Lecture:

    To teach the student about the following topic:
    • The distinction of trust from Contract
    • The distinction of trust from Bailment
    • The distinction of trust from Agency
    • The distinction of trust from Debt

    Lecture Outcomes: 

    At the end of the session students will be able to understand the following topics:

    • The distinction of trust from Contract
    • The distinction of trust from Bailment
    • The distinction of trust from Agency
    • The distinction of trust from Debt

    Lecture Contents: 

    • The distinction of trust from Contract
    • The distinction of trust from Bailment
    • The distinction of trust from Agency
    • The distinction of trust from Debt


  • Right and Liabilities of a Party under the Trust

    Pic: Duties and Power of a trustee

    Objectives of this Lecture:

    To teach the student about the following topics: 

    • Duties and liabilities of the Trustees
    • Rights and powers of the trustees
    • Disabilities of the trustees
    • Rights and liabilities of the beneficiary
    • Appointment and discharge of trustees
    • Extinction of trusts

    Lecture Outcomes: 

    At the end of the session, students will be able to understand the following topics:

    • Duties and liabilities of the Trustees
    • Rights and powers of the trustees
    • Disabilities of the trustees
    • Rights and liabilities of the beneficiary
    • Appointment and discharge of trustees
    • Extinction of trusts

    Lecture Contents:

    • Duties and liabilities of the Trustees
    • Rights and powers of the trustees
    • Disabilities of the trustees
    • Rights and liabilities of the beneficiary
    • Appointment and discharge of trustees
    • Extinction of trusts


  • Assignment and Presentation


    Analyze the Trust Act of Australia and find the similarities and dissimilarities in comparison to the Trust Act 1882 of Bangladesh 

    Mark Allotment:
    Written assignment submission = 05
    Oral presentation = 08
    Total = 13 marks

  • Final Examination


    The examination contains 40 marks and the time limit is 210 minutes. Students have to answer 3 questions and each contains 13.33 marks.


  • Student Feedback


  • Topic 25


  • Topic 26