Chapter 16: The Triumph of Equity

studied byStudied by 3 people
0.0(0)
Get a hint
Hint

Immanuel Kant

1 / 8

9 Terms

1

Immanuel Kant

The liberal view of law, as expressed by ________ in his Philosophy of Right (1797), is that the law must be well defined and equally available to all.

New cards
2

mortgagor

The ________ retains the beneficial use of the property and therefore is analogous to the beneficiary of a trust.

New cards
3

testator

If the ________ establishes a trust, the property remains in the hands of the trustee to distribute according to the terms of the trust.

New cards
4

common law

The ________ operated by granting a judgment, usually for an amount of money, called damages.

New cards
5

three party

The trust is a(n) ________ transaction.

New cards
6

judicial prudence

The origins of equity- drawn mainly from Roman law, canon law, and ________- are still debated, but by the fifteenth century it was a firmly established jurisdiction and body of law that competed with the common law.

New cards
7

Equity

________ supplied relief for fraud and for the reformation of contracts after mistakes had been made in the drafting.

New cards
8

Equity functions

________ by commanding a specific act, such as specific performance of a contract.

New cards
9

The purpose of equity was to correct the common law in the way that Aristotle described the idea of epieikeia

"The law is always a general statement, yet there are cases which it is not possible to cover in a general statement."

New cards

Explore top notes

note Note
studied byStudied by 9 people
... ago
5.0(1)
note Note
studied byStudied by 275 people
... ago
5.0(6)
note Note
studied byStudied by 5 people
... ago
5.0(1)
note Note
studied byStudied by 202 people
... ago
5.0(1)
note Note
studied byStudied by 1 person
... ago
5.0(1)
note Note
studied byStudied by 1 person
... ago
5.0(1)
note Note
studied byStudied by 20 people
... ago
5.0(2)

Explore top flashcards

flashcards Flashcard (175)
studied byStudied by 6 people
... ago
5.0(1)
flashcards Flashcard (25)
studied byStudied by 6 people
... ago
5.0(1)
flashcards Flashcard (100)
studied byStudied by 20 people
... ago
5.0(1)
flashcards Flashcard (73)
studied byStudied by 22 people
... ago
5.0(1)
flashcards Flashcard (28)
studied byStudied by 16 people
... ago
4.0(1)
flashcards Flashcard (60)
studied byStudied by 14 people
... ago
5.0(1)
flashcards Flashcard (101)
studied byStudied by 13 people
... ago
5.0(1)
flashcards Flashcard (116)
studied byStudied by 7 people
... ago
5.0(1)
robot