Introduction to Equity and Trusts - Maxims of Equity
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- čas přidán 22. 08. 2016
- An introduction to the law of equity including the historical background as well as the principles of equity.
Equity is at its heart about fairness and making sure that the law is not applied too strictly so as to create injustice. However it is also important to not have a system that is overly capricious and so certain maxims of equity have been developed to ensure a degree of consistency.
A system of common law and equity also creates practical challenges and two court systems meant that cases could last for years as criticised by Charles Dickens in his novel Bleak House. This issue was resolved by the Judicature Act 1873 that amalgamated the two strands and left us with the court structure that we have today.
The maxims of equity are as follows:
Equity will not suffer a wrong to be without a remedy
Equity follows the law
Where there is equal equity, the law shall prevail
Delay defeats equity
He who seeks equity must do equity
He who comes to equity must come with clean hands
Equality is equity
Equity looks to intent rather than to form
Equity looks on as done that which ought to have been done
Equity imputes an intention to fulfil an obligation
Equity acts in personam
Equity will not permit the law to be used as an engine of fraud
Equity will not assist a volunteer
Equity abhors a vacuum
This channel is literally saving my degree!
You are not alone 😂😂
Touche
You have explained to me more in 8:32 mins than my lecturer ever did 🙌🏻🙌🏻 THANK YOU!!!
here here x x too many teachers shouldnt be teachers at all , their job is to explain things easily so you remember it and learn .. in my experience too many teachers just rush through stuff to box tick they 'covered ' a subject .. it seems you tube is more educational these days than actual lecturers that like to show off and talk hard legal talk that their students cant even understand
Are you at UCLan by any chance 🎓🙄
I’m sat at work on my study leave struggling to revise for equity. You’re a beaut
I am confident to say law students far and wide are beyond greatful for your work Marcus 🌍🎓❤️
You deserve it ALL, tysm for many years of your amazing help
Appreciate your work BROTHER...YES BROTHER. I am not fooled by my vehicle IAM AND YOU ARE. AND YOU are doing great works. Sharing knowledge is a beautiful service to living beings. May your COSMIC CREDITS BE HIGH.
LIVE, LOVE and LIGHT!!
Hi Marcus, firstly thanks for getting me through the European Union Law module. Now, lets try really hard to get this dolt through the Equity & Trusts module. :-)
Very well-presented. You need to get together with the freedom groups and explain this to them. We need to get out of this system as quickly as possible and this is a huge key.
The example at the beginning just made my long-last cloudy sky clear. Thank you very much!
Thank you!!! :D
Bagging my LLB with excellence.
Thank youuuuuu.
You've saved my mind
As a Brazilian not even a little bit familiar to common law, your video was the only one that helped me. Thank you!
That's great to hear! Thank you!
Only 1:30 in and you've already explained enough so well. Can't wait to watch the others
This is the stuff of the night before exams. great condensed analysis of equity at a glance.
I referenced you in a recent essay bibliography if that is OK. you have acquired some new fans.
thanks for all your help Marcus.
tadhg kilcummins My exam is in 2 hours and i really needed to read this comment lmao
This has helped me so much, i have literally been so confused for weeks and this has helped so much. Cant wait to watch your other videos. Thankyou for helping us all, God Bless you always ! :)
I'm so glad! Thanks Alisha!
you are a hero . i made it to year two because of you .you need to be celebrated.
Hope you now make it to year three as well!!!
This is amazing - I was so confused before
Brilliantly simplified as ever Marcus!
+Janet Pargeter Thanks again Janet!!
@Marcus.
Thanks for a brief, accurate but simple explanation of this topic. .
Much appreciated
No worries!
Thank you for such wonderful explanation.
Thanks for being a blessing
Thank you so much for simplifying the maxim of equaty i was struggling to understand any of this until i watched this video . so for that i thank you
You're very welcome!
Good job Marcus . You da man .
I love you 😭😭 you help me so much ! Thank you !
Thank you so much! You saved my life!
Good morning Marcus. Thanks your your videos they helped me in my LL.B exams and your explanations are concise and practical, which gave me a better understanding of the Law. Can you please do a video on Injunctions, including a discussion on American Cyanamid v Ethicon [1975]? Thanks
Thank you, you literally saved my life, I have a powerpoint presentation in a couple of days.
Good luck with your presentation!!
How did he ‘literally ‘ save your life? Genuinely interested.
Could you do videos on Jurisprudence please? It’s one of the toughest module! Need your help! ✨✨
Loved your video and your style very clear and concise, thanks, do you by any chance have a Private expressed equity trust example document for a simple trust, lets say its a express trust, or privately expressed equity trust, that just had my car in i. I would like to study how its laid out and identify elements like how to ensure its explicitely expressed asI know this is important?
Thank you. Very well explained!
+hkrumble Thanks very much :)
You're amazing!thank you so much for making this video!! :)
However, I don't really understand the maxim 'Equity will not assist a volunteer'...who is the volunteer in that situation? 😅 😅
Great video! Thank you!
APC225 excellent video
Thanks very helpful
thanks!
Excellent
You're bomb! Thanks :)
Thank you
Hi Marcus! Thank you for your videos!
I have a question : are equitable maxims the same as equitable doctrines? If not what is the difference? I am writing an essay and just realised I was approaching it from the perspective of equitable maxims when the question relates to equitable doctrines.
Thank you again!
Yeah same thing, you're fine. ;)
marcuscleaver thank you for such a quick reply. I almost had a panic attack 😯 . Have an awesome day and keep up the good work!
Read Pomeroy's Equity Jurisprudence which can be found online for free at Google Books - he explains it there. He is probably the most cited authority (in the States).
Thank you sm😊
Thank u so much
👌👌👌
I was literally sent out of class because of this😂and so thank you for explaining it to me.
Hi Marcus, do you advise me to read the novel or shall i leave it out?
Read it for fun on the beach this summer.
hi Marcus this video is so good really helped me a lot. Could you do one on the Variation of Trusts Act 1958 and how to answer problem questions
Hey, I love the lesson! My question is what maxim do you think has been the most important and why? I think it’s “he who comes into equity must come with clean hands.”
Probably aequitas sequitur legem. I think equity is important but that doesn't mean we can lose sight of what the law actually says on a given matter.
Equity considers that as done what ought to be done is probably the one that does the most heavy lifting in reality.
Hi Marcus, You mentioned that you might do and introduction to Criminal Law. Did you do one ? if so could you give me the link. Snag is not sure where your reply will be, as navigating the internet is not my strong point. Cheers Richard
Try this link for a playlist on all the criminal law videos I have done so far: czcams.com/play/PL4IJf1wNgS3qH5-v-H7HHPtDZYPWvn1S5.html
Ok cheers got them. Wished I'd found your lectures with their amazing clarity sooner could have saved myself a lot of stress.
saved my grade cheers
Could you make some more videos on the maxims ?
I've got a couple of cases against asda and I seek remedy but I dont know how to doc my paperwork into court... can you help
Hello, so would communicating to the lawyer involved in the matter be pertinent?
How does one invoke a chancery court? I’ve experienced a wrong and cannot get remedy in family law. My ex is in contempt again. This is the same pattern for 10yrs.
top lad
Is there anywhere i can find a PDF on the laws of equity?
Excellent lecture. Not to be too brazen, but also nice that the lecturer is rather cute :)
have you watched the nocnoc challenge with mark horn and brian reece
How are they both merged administratively and substantively?
Where can I find roark
I'm not satisfied:. I want more videos!!
are there not 20 mxims? what about the other 6?
I need to write an essay for advanced legal writing on this topic due in 2 days time and I still have no idea wtf I'm doing 😢😵🤮
Anyone wants to create law study group? 😭😭 dont knw why i selected law.. regretting badly.. :(
"Promised Messiah" really?
Extreme don't you think?
We don't do things by halves on this channel.
Bah boom @@marcuscleaver
The problem is the common law was subverted by a fiction, the crown concept, so the common law is not a primary source of law because of “parliamentary sovereignty” another fiction.
So many time-honoured maxims are not accepted, and one reason to why I don’t respect the law, because the law-makers/courts are corrupt.
If they were not, then they would accept and work with the many time-honoured maxims of reason created beforehand.
Maxims are the condensed good sense of nations.
Sir James Mackintosh, quoted on the title page of Broom’s Legal Maxims (1911).
Appears to be reduced to some equity maxims is that correct?.
To whom who would attempt to reduce sense and reason is considered to be non-sensical, un-reasonable and should not be listened to.
Gibson Subsection 9 page 6
The Act of Parliament also provides that "in all matters in which there is any conflict or variance between the rules of Equity and the rules of the common law, with reference to the same matter, the rules of Equity shall prevail. And thus in England the triumph of the righteous
principles of Equity over the rules of the common law is complete, and, no doubt, final
@@livingman6445 You need to do more investigating. The content in that statement is defunct.
@@thegroove2000 no brother, just stating what it says, which is also stated in Pomeroy It’s simple, when there is a conflict between at law and equity, equity always prevails. 😎
@@livingman6445 That means nothing. The equity concept goes back to the times when there was a conflict between the common law and the courts of equity for remedy and redress. Those days are done. You need to do more research.
How does Cestui Que Vie work, when a baby is sold at birth Using the name,creating a trust, stating that baby after 7 yrs as being dead. There is NO INFORMED CONSENT towards the parents Knowledge.
So Driving is not legal unless your government license it at a price, breaking the law is okey if you pay us so debt notes.
I funking farted
" in rem" is Admiralty and not allowed for acts upon the land, and only applies to acts on the Sea. In the USA there are 4 forms of law in the Fed Constitution: Admiralty, Maritime (shipping contracts), Equity and Common Law. The BAR has corrupted the system of law to end up with 1 form of law and its Roman Civil Law though not stated to be so, because that would be unconstitutional. You know its Roman Civil law because its Codified while Common Law has 11 forms of action and no one for the last 100 years has been charged with one of the 11 forms of law, while the call court actions "at law" meaning Common Law, as all are code violations. The world is separated into Roman Civil Law (the vast majority of countries) and English Common Law (Canada, USA, and Austrailia).
There is no recognition by the courts of any rights to Common Law or Equity and they can only see you (a man) as a fiction. All courts are based upon fraud. Bouvier stated that Law is always from a superior and the first superior is recognized as "God". So use the bible.
Oh my goodness. Look, Marcus, I know you mean well, but it is very clear that your knowledge and understanding of what Equity actually is, and where it came from is severely lacking. Now, I do not mean this as an insult, but as an admonishment for that very lack because it does reveal that you have not studied as well as you might think you have.
For example, the Maxim of Equity, "Equity follows the law." The unstudied will say that this means that the law is superior to equity. That is the opposite of what it means and that conclusion is gleaned when one has not studied into the ORIGIN and HISTORY so that one KNOWS where the Maxim's of Equity actually came from, and why they were developed in the first place.
Consider the following from John Bouvier's INSTITUTES OF AMERICAN LAW, 1882. (Oh, by the way, John Bouvier is the author of Bouvier's Law Dictionary. I am speaking of the OFFICIAL law dictionary of the Supreme Court of the United States). Nevertheless, here is what John Bouvier said of Equity; take very close notice of this because, IF you do not get this and rethink and study more of what Equity truly is referring to, one will misuse it by commingling it with all lower forms of Law that is ABSENT of equity, and that is usually done for escape, which is a misuse, rather that to OVERCOME, which is the righteous and correct use.
"The law is NOTHING without Equity and Equity is EVERYTHING even without the law. Those who perceive what is just and what is unjust through the eyes of the law, NEVER see it as well as those who behold it with eyes of equity. Law may be looked upon AS AN ASSISTANCE for those who have a weak perception of right and wrong, in the same way that optical glasses are useful for those that are shortsighted, or those whose visual organs are deficient. Equity, in its true and genuine meaning, is the soul and spirit of the law; POSITIVE law is construed and rational law is MADE BY IT."
~~~~~~~~~~~~~~~~~~~~~~~~ Volume-2, Section-3724, 4th-Paragraph, Page-457 of INSTITUTES OF AMERICAN LAW (1882) by John Bouvier
(get it and verify this for yourself)
Now, what does this mean? This not only clearly shows why Equity is superior to law that is in any NEGATIVE form, but how it is also the SOURCE of all Positive Law.
Marcus, do you know the difference between law that is positive and law that is negative?
If you do not, then why are you speaking about equity? For without that understanding one cannot see and understand this difference. Furthermore, one will also lack the necessary understanding of how to apply equity properly, and one does not really want to make that mistake.
Here is what I am going to do for you, Marcus, because the endeavor into knowing and understanding equity is one of the most important educational and edification things that anyone can do for themselves while they sojourn on this Earth. I am going to tell you a GREAT secret about Equity and what it has already accomplished. You may have a difficulty with it, or you may not. So then, depending upon where you land within that, I might be inclined to tell you some more, but that will be determined upon your reply and HOW you reply, IF there is a reply at all. To be quite frank, I will not expect one, nor do I require one but, I do like to be presently surprised.
Equity FULFILLS the law, because equity is everything that Christ did to take away the sin/DEBT of THIS WORLD without destroying the law. "Think not that I have come to destroy the law, but to fulfill," Matthew 5v17. This is what the corporation-churches will never-ever teach those that sit in pews. ALL OF THEM! The fulfillment of the law was necessary because law was ADDED because of transgression (Galatians 3v19). All such law ADDED is in a NEGATIVE FORM which means not only is it impossible to keep, it is also impossible to prove just the same. So then, what the fulfillment of the law means is that it takes away the requirement of death for all of those who know and understand HOW to, "...make their call and election sure," (2Peter 1v10) affirming and agreeing that there is ONLY ONE appointed Heir and Beneficiary of ALL things (Hebrews 1v1-3). It is the ONLY way for one to fulfill the law in one's own life, because as the Apostle Paul wrote in Galatians 3v10, "No one is JUSTIFIED by the law." That simply means, IF you try to keep the law, or use law to justify yourself, for anything, you are sunk because the law naturally absent of equity gives no REST and no RELIEF for those UNDER law. This is why the Maxim of Equity says, "Equity will not aid a volunteer." For ALL have volunteered (knowingly and/or unknowingly) to be IN and UNDER the laws that are absent of equity. Therefore, one shall remain there UNTIL one knows and understands exactly HOW and WHY it is an imperative to correct that mistake. (A mistake can be corrected at anytime).
Equity is THE WAY! But, one must never commingle equity with law that is absent of equity. This would reveal that one is double minded, and those that are with such a mind set are unstable in all their ways. Equity does not need the law. Equity stands alone and can do what the law standing alone can never-ever do. This is why Equity is superior to law, and why equity precedes the law in ALL things. This is also WHY and HOW one is reunited with their Birthright Inheritance and Estate from the first and highest estate of the Kingdom of Heaven on this Earth. There is NO other way. In other words, this is how the prodigal son returns AS a Co-Heir with the One and ONLY appointed Heir of ALL things. There is NO other way.
Equity is about the administration of Trust. Trust in this case is all about the WILL of the Testator that appointed the one and only Heir of ALL things in the New and Better Covenant of Trust. Yes, it actually is a Trust! Why do you think there are three and, "These three are one?" (1John 5:7-8) The testator of the Will is the one who, "Judges the world in righteousness, and the people's with equity," (Psalm 98:9). Did you get that?! The Testator does NOT judge with LAW, but with pure unadulterated equity. In short, equity is all about what Christ did and his finished work that paved the way for one to be able to ask, seek, knock (Matthew 7v7-8) to find their way to the gate at the end of the strait and narrow path that few find. (Matthew 7v14) This is not only the why, but also HOW it is possible for mankind to ascend and transfigure into a, "Son of Man," which fulfills the Creator's hope and Will. For it is through faith EXPRESSED IN-Trust that one becomes a Co-Heir WITH the one and only appointed Heir of ALL things being, "Born from Above," through a second birth with a second birth certificate done as a DEED of that work that NO ONE can deny. Not even government Agents and Principals. Can you see now, WHY this is the ONLY way to enter into self-governance no longer needed to be governed by agents, administrators and principals of the governments of men?
This is what Equity can do for those with, "Eyes to see and ears to hear," having eyes of equity and sight beyond sight of THIS WORLD of lack and limitation, gives one the knowledge and the vision that is needed and necessary for one to no longer be in danger of perishing. (Hosea 4v6)