Critical consideration of the the statement “Equity is no part of the law, but a moral virtue, which qualifies, moderates, and reforms the rigour, hardness, and the edge of the law, and is a universal truth; it does also assist the law where it is defec

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Essay details/instructions

Subject: Equity and trusts law

  1. Question:

-To write in the style of an academic article:

“Equity is no part of the law, but a moral virtue, which qualifies, moderates, and reforms the rigour, hardness, and the edge of the law, and is a universal truth; it does also assist the law where it is defective and weak…. and defends the law from crafty evasions, delusions, and new subtleties intended as contrived to evade and delude the common law, whereby such as have undoubted right are made remediless; and this is the office of equity, to support and protect the common law from shifts and crafty contrivances against the justice of  law. Equity therefore does not destroy the law, nor create it, but assists it.”

Sir Nathan Wright , Lord Dudley v Lady Dudley (1705) Prec.Ch. 241 at 244.

In the form of a short journal article, please critically consider whether this statement made by Sir Nathan Wright in 1705 is an accurate and apposite observation of Equity today.

  1. Word count

2500 words à this does not include a reasonable number of footnotes and does not include a reasonable bibliography. Footnoting/ referencing should beà between 5-7 sources and OSCALA style

  • Essay must convey:
  • Comprehensiveness and accuracy
  • Clarity of argument and expression
  • Integration of a range of materials
  • Evidence of wider reading
  • Insight into the theoretical issues.
  • Looking for an argument that responds to the question – using appropriate sources to back up your points – which when taken together provide a coherent and compelling response to the question.
  • Use OSCALA for referencing, must include a reasonable bibliography
  1. Structure:
  • Abstractà approximately 200 words
  • Introductionà300-400 words
  • Main Bodyà1500-1600 words
  • Conclusionà400 words
  • Bibliography
  1. Options of how to answer the question :
  • YES – agree with the proposition

Or

  • NO – disagree with the proposition

Or

  • Another conclusion. Maybe the proposition is partially correct / incorrect………

 

  1. YES – To agree (it is an accurate and apposite observation of Equity today)

 

  • To agree with a proposition –
  • Your job is to then say why it is correct – on the balance of evidence that you have found….. read etc…………….
  • It is usually then best practice to the then deal with those who disagree – and to deal with why they are wrong.
  • Then you will have a fully argued and reasoned argument.

 

  1. NO – (it is not an accurate and apposite observation of Equity today)

 

  • To disagree with a proposition – that is to say why it is incorrect – on the balance of the evidence you have found.
  • It is usually then best practice to the then deal with those who agree (argue in the alternative) – and to then deal with why they are wrong.
  • Then you will have a fully argued and reasoned argument.

 

 

 

  1. Alternative argument
  • Things might not be clear-cut. Elements / aspects of a proposition – that forms the basis of a quote upon which you might be asked to critically discuss might be true / agreeable / acceptable/ correct etc. Aspects might be less true / agreeable/ acceptable / correct etc. Coming to a place where you can wholeheartedly agree or disagree with the proposition in the QUOTE might be difficult on untenable.
  • Therefore – you might argue as part of your critical discussion – that the answer is that the answer lies in the middle. The assertion might be right for these reasons – but not for these reasons. ETC! There are many possibilities / propositions here…….
  • Basically the way I want to approach the question is to find another alternative argument that almost lies in the middle. What is asked is for you to search sites in order to see what other law oriented lords/ professionals are saying about such a subject in a way that its not just a YES or NO answer. Must be critical.
  • Some sources that you should/could use:
  • http://cw.routledge.com/textbooks/9780415497718/downloads/chap01.pdf
  • https://librarysearch.kcl.ac.uk/primo_library/libweb/action/search.do?fn=search&ct=search&initialSearch=true&mode=Basic&tab=default_tab&indx=1&dum=true&srt=rank&vid=kings_v1&frbg=&vl%28freeText0%29=Lord+Dudley+v+Lady+Dudley+%281705%29&scp.scps=scope%3A%2844KCL_ALEPH_LIBGUIDES_DATABASES%29%2Cscope%3A%2844KCL_ALEPH_DS%29%2Cscope%3A%2844KCL_SFX_DS%29%2Cscope%3A%2844KCL_PURE_MODS%29%2Cscope%3A%2844KCL_ARCHIVES_DS%29%2Cscope%3A%2844KCL_PURE_DS%29%2Cscope%3A%2844KCL_ALEPH_RDM_DS%29%2Cprimo_central_multiple_fe
  • Has equity had its day? , which is a pdf that I would have attachted

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