Have Law and Equity Influenced Each Other - Free Essay Example

Sample details Pages: 10 Words: 3064 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Did you like this example? 1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxfordà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act 1873 (36 37 Vict C. 66) Supreme Court of Judicature Act 1875 (38 39 Vict C. 77) à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‹Å"Neither law nor equity is now stifled by its origin and the fact that both are administered by one Court has inevitably meant that each has borrowed from the other in furthering the harmonious development of the law as a wholeà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[1] In Order to critically evaluate the accuracy of the above statement and to enable an analysis of the relative strengths of the à ¢Ã¢â€š ¬Ã‹Å"dualismà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ debate, in order to form a cogent narrative it will be necessary to briefly explore both the definitions, history, distinctions and development of common law and equity. Don’t waste time! Our writers will create an original "Have Law and Equity Influenced Each Other?" essay for you Create order Firstly, whilst definitions of the à ¢Ã¢â€š ¬Ã‹Å"Common Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ system differ it can be defined as the à ¢Ã¢â€š ¬Ã‹Å"general lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is common to the realm, and also the body of law which has evolved by judges from precedent.[2] Moreover the definition of Equity in common parlance translates to fairness/justice (aequitas equitas). Although according to S Worthington, à ¢Ã¢â€š ¬Ã‹Å"[à ¢Ã¢â€š ¬Ã‚ ¦] even the most experienced of lawyers finds it difficult to give a short, intelligible answer to the question à ¢Ã¢â€š ¬Ã‹Å"What is equity?à ¢Ã¢â€š ¬Ã¢â€ž ¢[3] However, an eloquent definition was stated in Cresswell v Potter[4] à ¢Ã¢â€š ¬Ã‹Å"The law which modifies the general common law rules where the general rules cause practical hardship in a particular case (restrains the unconscionable exercise of rights or powers at common law)à ¢Ã¢â€š ¬Ã¢â€ž ¢. Prior to the Norman Conquest in 1066 England had no functional common law which was consistent ly applied to the whole of the realm, there existed only cursory oral rules and customs which were wide-ranging between different provinces,[5] for example the à ¢Ã¢â€š ¬Ã‹Å"Jutes in the South having different laws to the Mercianà ¢Ã¢â€š ¬Ã¢â€ž ¢sà ¢Ã¢â€š ¬Ã¢â€ž ¢ along with informal gatherings and medieval Tests[6]. However, even post Norman Conquest the à ¢Ã¢â€š ¬Ã‹Å"Leges Henrici Primi (c.1118)à ¢Ã¢â€š ¬Ã¢â€ž ¢ documented fragmented legal codes and jurisdictions such as Mercian, Danelaw and Wessex law.[7] During the following three centuries post Norman Conquest (1066) the priority became the establishment of a strong à ¢Ã¢â€š ¬Ã‹Å"Common lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ central to the realm mainly to safeguard à ¢Ã¢â€š ¬Ã‹Å"Royal revenuesà ¢Ã¢â€š ¬Ã¢â€ž ¢[8], which led to Royal envoys participating in local courts, such as the (the curia regis) by the thirteenth century the Common Law courts of Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench, the Court of Exchequer and the Court of Common Pleas w ere established.[9] During the reign of Henry II who has been credited with principally generating the advancement of the common law[10] with the royal envoys à ¢Ã¢â€š ¬Ã‹Å"justiciae errantes (wandering justices)à ¢Ã¢â€š ¬Ã¢â€ž ¢[11]. However, the common law was not without faults as the writ system was technical, inflexible and compounded by the provisions of Oxford 1258 and the statute of Westminster led to injustices.[12] Nevertheless, by the Fourteenth Century those who felt aggrieved could appeal to the Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience for a remedy, however the role was passed to the Lord Chancellor as à ¢Ã¢â€š ¬Ã‹Å"Keeper of the Kings conscienceà ¢Ã¢â€š ¬Ã¢â€ž ¢ due to the volume of appeals, with decisions based randomly on à ¢Ã¢â€š ¬Ã‹Å"conscienceà ¢Ã¢â€š ¬Ã¢â€ž ¢. This led to one of the historic criticisms of its application as arbitrary, as famously quoted by Jurist John Selden, à ¢Ã¢â€š ¬Ã‹Å"Equity varies with the length of the Chancellors footà ¢Ã¢â€š ¬Ã¢â€ž ¢[13]. Over the next few centuryà ¢Ã¢â€š ¬Ã¢â€ž ¢s growing friction between equity and the common law courts increased, as the à ¢Ã¢â€š ¬Ã‹Å"Court of Chancery acted as a check upon the common law ensuring that their application did not lead to a manifest injusticeà ¢Ã¢â€š ¬Ã¢â€ž ¢[14].This conflict dramatically reached its nexus in the Earl of Oxfords Case[15] with the dispute being settled in 1616 by James I with the Court of Chancery gaining supremacy. Lord Ellesmere Stated, menà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions [à ¢Ã¢â€š ¬Ã‚ ¦] diverse and infinite that it is impossible to make any General law which will [à ¢Ã¢â€š ¬Ã‚ ¦] meet with every particular and not fail in some Circumstances. The office of the Chancellor is to correct menà ¢Ã¢â€š ¬Ã¢â€ž ¢s consciences for fraud, breaches of trust, wrongs and oppressions[à ¢Ã¢â€š ¬Ã‚ ¦] and to soften and mollify the extremity of the law.[16] This gave rise to the equitable maxim à ¢Ã¢â€š ¬Ã‹Å"that where the law and equ ity conflict, equity prevailsà ¢Ã¢â€š ¬Ã¢â€ž ¢[17] this principle was later given statutory authority under section 25[18] and re-enacted under section 49[19] after The three common law courts and the Court of Chancery were merged into a single Supreme Court, comprising of the High Court and the Court of Appeal. Under the Judicature Acts[20] allowing à ¢Ã¢â€š ¬Ã‹Å"The jurisdiction of judges in the new Supreme Court was fused, this reduced delays and expense of starting separate actions as now all judges were able to use the whole range of common law and equitable rulesà ¢Ã¢â€š ¬Ã¢â€ž ¢[21]. There remains a considerably contentious debate between legal scholars that has thundered on for well over one hundred and thirty years, as to whether the common law and equity are truly fused, either on a substantive or procedural level, those who believe in the dualist à ¢Ã¢â€š ¬Ã‹Å"fusion fallacyà ¢Ã¢â€š ¬Ã¢â€ž ¢ doctrine and even those who conclude whether they should be fused. P.V Baker[22] states à ¢Ã¢â€š ¬Ã‹Å"that fusion [à ¢Ã¢â€š ¬Ã‚ ¦] there is no distinction [à ¢Ã¢â€š ¬Ã‚ ¦] between legal rights, remedies and thus cannot be supportedà ¢Ã¢â€š ¬Ã¢â€ž ¢ this view is reinforced by J Martin[23] who states the à ¢Ã¢â€š ¬Ã‹Å"Supreme Court act clearly, envisaged both equity and common law would [à ¢Ã¢â€š ¬Ã‚ ¦] separate existenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ and that Lord Brandon[24] stated that à ¢Ã¢â€š ¬Ã‹Å"important proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢ changed, although no third party rights were altered [à ¢Ã¢â€š ¬Ã‚ ¦] or were intended to be[25]. Although, controversially those who advocate à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ suggest it is the à ¢Ã¢â€š ¬Ã‹Å"awarding of legal remedies for a breach of an equitable rightà ¢Ã¢â€š ¬Ã¢â€ž ¢[26]. However, P. Mason in Harris v Digital Pulse[27] did in a dissenting opinion argue that it [à ¢Ã¢â€š ¬Ã‚ ¦] à ¢Ã¢â€š ¬Ã‹Å"exposes the error of restricting equityà ¢Ã¢â€š ¬Ã¢â€ž ¢s capacity to award compensation for infri ngement of a right recognised in the pre-Judicature Act eraà ¢Ã¢â€š ¬Ã¢â€ž ¢ citing Viscount Haldaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s speech in Nocton v Lord Ashburton[28] Furthermore, Walter Ashburner argues[29] from a procedural dualist standpoint, that the judicature acts[30] only fused the administration of law by à ¢Ã¢â€š ¬Ã‹Å"unifying Common law and equity into one court systemà ¢Ã¢â€š ¬Ã¢â€ž ¢, it did not fuse the content of the two doctrines. The principles of equity and the principles of law remained separate: of jurisdiction, he likened both equity and the common law to that of two streams which run side by side [à ¢Ã¢â€š ¬Ã‚ ¦] however à ¢Ã¢â€š ¬Ã‹Å"never minglingà ¢Ã¢â€š ¬Ã¢â€ž ¢ their waters. Moreover, Lord Diplock who has long been hailed as à ¢Ã¢â€š ¬Ã‹Å"the most forceful exponent of fusion [à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[31] argues in obiter[32] the fusion of common law and equity is more substantive and has already occurred with the à ¢Ã¢â€š ¬Ã‹Å"streamsà ¢Ã¢â€š ¬ â„ ¢ of equity and the common law [à ¢Ã¢â€š ¬Ã‚ ¦] long since mingled togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢. In addition Lord Diplock went so far as to state that Ashburnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s metaphorical usage was both à ¢Ã¢â€š ¬Ã‹Å"mischievous and deceptiveà ¢Ã¢â€š ¬Ã¢â€ž ¢[33]. Nevertheless, Meagher, Heydon and Leeming[34] who are amongst the strongest supporters of dualism. Maintain that the decision in the United Scientific[35] as not only à ¢Ã¢â€š ¬Ã‹Å"the low water mark of modern English jurisprudenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the conjecture that lord Diplock believing [à ¢Ã¢â€š ¬Ã‚ ¦] à ¢Ã¢â€š ¬Ã‹Å"the Statutes of Uses [à ¢Ã¢â€š ¬Ã‚ ¦] of Quia Emptores played no contemporary part in English property law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[36] à ¢Ã¢â€š ¬Ã…“The fusion fallacy involves the administration of a remedy, for example common law damages for breach of fiduciary duty, not previously available at law or in equity, or in the modification of principles in one branch of the jurisdictio n by concepts that are imported from the other and thus are foreign, for example by holding that the existence of a duty in tort may be tested by asking whether the parties concerned are in fiduciary relationshipsà ¢Ã¢â€š ¬Ã‚ [37] However, there is seemingly an accord with Lord Diplock as Lord Denning M.R. who suggests a deeper fusion between equity and common law which would suggest that it has been fused for a considerable time. à ¢Ã¢â€š ¬Ã‹Å"When law and equity have been joined together for over seventy years, principles must be considered in the light of their combined effectà ¢Ã¢â€š ¬Ã¢â€ž ¢.[38] Furthermore, Peter Sparkes suggests, the à ¢Ã¢â€š ¬Ã‹Å"doctrine of Walsh v Lonsdaleà ¢Ã¢â€š ¬Ã¢â€ž ¢[39]. à ¢Ã¢â€š ¬Ã‹Å"that an agreement for a lease is as good as a leaseà ¢Ã¢â€š ¬Ã¢â€ž ¢. And cites Jessel MR, à ¢Ã¢â€š ¬Ã‹Å"equitable rule prevailing [à ¢Ã¢â€š ¬Ã‚ ¦] He appeared to espouse a true fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢[40]. And went on to argue that varying attempts to à ƒ ¢Ã¢â€š ¬Ã‹Å"distort the decision and the old procedureà ¢Ã¢â€š ¬Ã¢â€ž ¢ in order to à ¢Ã¢â€š ¬Ã‹Å"make it fità ¢Ã¢â€š ¬Ã¢â€ž ¢ with Ashburners procedural dualist standpoint, although in Sparkes opinion in reality it could à ¢Ã¢â€š ¬Ã‹Å"only be explained as an example of true fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢[41]. It would on the face of it seem anomalous that a unified court with jurisdiction over both common law and equity would strictly preserve an historical distinction between them[42] and that it would suggest it would inevitably result in fusion[43] The à ¢Ã¢â€š ¬Ã‹Å"fusion of law and equity is often categorised as if they were factà ¢Ã¢â€š ¬Ã¢â€ž ¢[44] albeit that the reforms brought about by the Judicature Acts have clearly fused their administration. However, no new grounds of à ¢Ã¢â€š ¬Ã‹Å"action, remedy or defence have been createdà ¢Ã¢â€š ¬Ã¢â€ž ¢[45] as the Judicature Act was intended to rid the law of unnecessary delay overlap and complication[46] Moreover, Andr ew Burrows argues for more à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ so We do this at common law and we do the same at equity[47] additionally taking account of Bakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s definition of à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã‹Å"there is no distinction [à ¢Ã¢â€š ¬Ã‚ ¦] between legal rights, remedies [à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[48] this combined with David Hughes à ¢Ã¢â€š ¬Ã‹Å"arguments counter to the fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ of common law and equity such as à ¢Ã¢â€š ¬Ã‹Å"Courts lacking the power to fuse common law and equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, and asserting that this would be exercising a à ¢Ã¢â€š ¬Ã‹Å"radical law reform briefà ¢Ã¢â€š ¬Ã¢â€ž ¢.[49] Remain à ¢Ã¢â€š ¬Ã‹Å"compelling as [à ¢Ã¢â€š ¬Ã‚ ¦] still deny the availability of a common law remedy for an equitable wrongà ¢Ã¢â€š ¬Ã¢â€ž ¢.[50] Likewise, Jill Martin suggests, that the Courts of England and Wales have not followed other Commonwealth jurisdictions who appear to support and enc ourage the concept that the judicature Acts have in some way à ¢Ã¢â€š ¬Ã‹Å"fusedà ¢Ã¢â€š ¬Ã¢â€ž ¢ common law and equity substantively, such as is suggested in cases like United Scientific Holdings Ltd[51] and Cuckmere Brick Co Ltd[52] and have instead conversely reinforced the more orthodox view apparent from à ¢Ã¢â€š ¬Ã‹Å"mortgage casesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and decisions of the à ¢Ã¢â€š ¬Ã‹Å"House of Lordsà ¢Ã¢â€š ¬Ã¢â€ž ¢ such as Napier v Hunter[53] and Tinsley v Milligan[54] which contain à ¢Ã¢â€š ¬Ã‹Å"meticulous analyses of the separate common law and equitable origins and principles in areas such as subrogation and illegalityà ¢Ã¢â€š ¬Ã¢â€ž ¢[55]. Consequently, in the context of the law in England and Wales and based on the in depth critical analysis of the à ¢Ã¢â€š ¬Ã‹Å"fusion v dualismà ¢Ã¢â€š ¬Ã¢â€ž ¢ debate the overall relative strength of the dualism argument is highly indicative that although there is administrative à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢, it is evident that common law and equity are still not à ¢Ã¢â€š ¬Ã‹Å"fusedà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the substantive sense therefore, even with a high degree of harmonisation there has been no actual synthesis between the common law and equity post judicature Acts, and although the Courts can and do apply both rules to common law and equity as aptly illustrated by the maxim, à ¢Ã¢â€š ¬Ã‹Å"Equity follows the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã…“only in cases when there is an important context disregarded or if the common law is used in an unconscionable way that equity interferes.à ¢Ã¢â€š ¬Ã‚ [56]. Furthermore, as to the accuracy of the statement above[57] Gary Watt elucidates quite succinctly that à ¢Ã¢â€š ¬Ã‹Å"nowadays this summary finds overall approvalà ¢Ã¢â€š ¬Ã¢â€ž ¢[58] from most quarters due to harmonisation and evolution in both the common law and equity. Bibliography Books Alastair H and Hudson A,Equity and Trusts (Routledge Cavendish 2009) Arnold-Baker C,The Compan ion to British History, S.v. à ¢Ã¢â€š ¬Ã‹Å"English Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Loncross Denholm Press 2008) Ashburner W,Ashburnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity. (2nd edn, Butterworth 1933) Atkins S,Equity and Trusts (Routledge 2013) Baker P and Langan P,Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity (29th edn, Sweet Maxwell 1990) Baker PV,Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity (23rd edn, Sweet Maxwell , London 1990) Clement R and Abass A,Equity Trusts, Text, Cases and Materials (2nd edn, Oxford University Press 2011) Equity and Trusts Law Directions, Fourth Edition, Gary Watt, 2014 Oxford University Press Equity and Trusts, Scott Atkins, 2013, Routledge Heydon JD, Gummow WMC and Austin RP,Cases and Materials on Equity and Trusts (4th edn, Butterworths 1993) Hudson A,Equity and Trusts (Routledge Cavendish 2012) Kelly D and Slapper G,The English Legal System (11th edn, Routledge 2010) Maitland F,Selected Historical Essays of F W Maitland: Chosen and I ntroduced by H M Cam (1957) 134 Martin E and Law J,A Dictionary of Law (Oxford University Press, USA 2006) Martin J and Hanbury,Modern Equity (Sweet Maxwell 2009) McDonald I and Street A, Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press 2014) McDonald I and Street A,Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press, USA 2011) McGhee J,Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity (Sweet Maxwell) Meagher R and Heydon J,Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity, Doctrines, and Remedies (Butterworths LexisNexis 2002) Meagher R, Heydon JD and Leeming M,Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity: Doctrines and Remedies (4th edn, 2002) 2-105 Plucknett TF,A Concise History Of The Common Law (Liberty Fund 1956) Simpson AWB,à ¢Ã¢â€š ¬Ã‹Å"the Survival of the Common Law System; Then and Nowà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Sweet Maxwell 1974) Stenton LDM,English Justice Between the Norman Conquest and t he Great Charter, 1066-1215 (1st edn, Allen Unwin 1964) Thurston,A Practitionerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Guide to Trusts (Bloomsbury Professional 2006) Todd and Wattà ¢Ã¢â€š ¬Ã¢â€ž ¢s Cases Materials on Equity and Trusts, 9thEdition, 2013, Oxford University Press, Gary Watt Toomer GJ,John Selden: A Life in Scholarship (Oxford, OUP 2009) Watt G, Equity and Trusts Law Directions (Oxford University Press) Watt G,Todd and Wattà ¢Ã¢â€š ¬Ã¢â€ž ¢s Cases and Materials on Equity and Trusts (Oxford University Press, USA 2007) Wilson S,Todd ; Wilsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Textbook on Trusts (Oxford University Press 2013) Worthington S,Equity (2nd edn, OUP 2003) Journal Articles Baker P., à ¢Ã¢â€š ¬Ã‹Å"Future of Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1977) 93 Law Quarterly Review 529 540 https://www.heinonline.org.ergo.glam.ac.uk/HOL/Index?index=journals/lqrcollection=journals accessed 12 November 2014 Burns F, à ¢Ã¢â€š ¬Ã‹Å"The Fusion Fallacy Revisitedà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1993) 5 Bond Law Review Burrows A, à ¢Ã¢â€š ¬Ã‹Å"We Do This At Common Law But That In Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2002) 22 Oxford Journal of Legal Studies Chesterman S, à ¢Ã¢â€š ¬Ã‹Å"Beyond Fusion Fallacy: The Transformation of Equity and Derridaà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“The Force of Lawà ¢Ã¢â€š ¬Ã‚ Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 24 JOURNAL OF LAW AND SOCIElY 350 Hughes DA, à ¢Ã¢â€š ¬Ã‹Å"A CLASSIFICATION OF FUSION AFTER HARRIS V DIGITAL PULSEà ¢Ã¢â€š ¬Ã¢â€ž ¢ 29(2) UNSW Law Journal 38 James E, à ¢Ã¢â€š ¬Ã‹Å"A à ¢Ã¢â€š ¬Ã…“Fusion Fallacyà ¢Ã¢â€š ¬Ã‚  Fallacy?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 119 Law Quarterly Review 375-380 Jho R, à ¢Ã¢â€š ¬Ã‹Å"The à ¢Ã¢â€š ¬Ã…“Fusion Fallacyà ¢Ã¢â€š ¬Ã‚ between Equity and Common Law: A Criticle Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 56 NSWLR https://racheljho.files.wordpress.com/2014/04/the-fusion-fallacy-between-equity-and-common-law.pdf Martin J, à ¢Ã¢â€š ¬Ã‹Å"Fusion, Fallacy and Confusion; a Comparative Studyà ¢Ã¢â€š ¬Ã¢â€ž ¢ [1994] Conveyancer and Property Lawyer Sparkes P, à ¢Ã¢â€š ¬Ã‹Å"WALSH V LONSDALE THE NON-FUSION FALLACYà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1988) 8 Oxford Journal of Legal Studies Tilbury M, à ¢Ã¢â€š ¬Ã‹Å"Fallacy or FurphyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¯: Fusion in a Judicature Worldà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 26 (2) U.N.S.W. Law Journal 357 Websites à ¢Ã¢â€š ¬Ã‹Å"Judges and the Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.open.edu/openlearn/society/the-law/judges-and-the-law/content-section-2.1 accessed 12 November 2014 à ¢Ã¢â€š ¬Ã‹Å"Legislation.gov.ukà ¢Ã¢â€š ¬Ã¢â€ž ¢https://www.legislation.gov.uk/ukpga/1981/54/section/49 accessed 12 November 2014 à ¢Ã¢â€š ¬Ã‹Å"TheNationalArchivesà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.nationalarchives.gov.uk/pathways/citizenship/citizen_subject/law.htm accessed 11 November 2014 Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere B rick Co Ltd v Mutual Finance Ltd Earl of Oxfordà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Statutes Supreme Court Act 1981 Supreme Court of Judicature Act 1873 (36 37 Vict C. 66) Supreme Court of Judicature Act 1875 (38 39 Vict C. 77) 1 [1] (per Somer J, Elders Pastoral Ltd v Bank of New Zealand [1989] 2 NZLR 180 at 193). [2] Elizabeth Martin and Jonathan Law, A Dictionary of Law (Oxford University Press, USA 2006). [3] Sarah Worthington, Equity (OUP 2003). [4] [1978] 1WLR 255) [5]Theodore FT Plucknett, A Concise History Of The Common Law (Liberty Fund 1956). [6] à ¢Ã¢â€š ¬Ã‹Å"Judges and the Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.open.edu/openlearn/society/the-law/judges-and-the-law/content-section-2.1 accessed 12 November 2014. [7]à ¢Ã¢â€š ¬Ã‹Å"The National Archivesà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.nationalarchives.gov.uk/pathways/citizenship/citizen_subject/law.htm accessed 11 November 2014. [8] Martin (n 2) 109. [9] Ibid 109. [10] Lady Doris Mary Stenton, English Justice Between the Norman Conquest and the Great Charter, 1066-1215 (1st edn, Allen Unwin 1964) [11] Martin (n 2) 109. [12] David Kelly and Gary Slapper, The English Legal System (11th edn, Routledge 2010) [13]GJ Toome r, John Selden: A Life in Scholarship (Oxford, OUP 2009). [14] Iain McDonald and Anne Street, Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press 2014). [15] (1615) 1 Rep Ch 1 [16] Lord Ellesmere, in the Earl of Oxfords Case [1615] 1 Rep Ch 1 [17] McDonald (n 13) 9. [18] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) [19] Supreme Court Act 1981 [20] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) and the Supreme Court of Judicature Act 1875 (38 39 Vict c. 77) [21] McDonald (n 13) 9. [22] P. Baker, à ¢Ã¢â€š ¬Ã‹Å"Future of Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1977) 93 Law Quarterly Review 529 540 https://www.heinonline.org.ergo.glam.ac.uk/HOL/Index?index=journals/lqrcollection=journals accessed 12 November 2014. [23] Martin (n 22) 1. [24] ibid [25] Bank of Boston Connecticut v European Grain and Shipping Ltd [1989] A.C. 1056 at p. 1109. [26] Rachel Jho, à ¢Ã¢â€š ¬Ã‹Å"The à ¢Ã¢â€š ¬Ã…“Fusion Fallacyà ¢Ã¢â€š ¬Ã‚ between Equity and Common Law: A Criticle Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 56 NSWLR https://racheljho.files.wordpress.com/2014/04/the-fusion-fallacy-between-equity-and-common-law.pdf. [27] Pty Ltd [2003] NSWCA 10 [28] [1914] AC 932 [29] W Ashburner, Ashburnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity. (2nd edn, Butterworth 1933). [30] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) and the Supreme Court of Judicature Act 1875 (38 39 Vict c. 77). [31] JD Heydon, WMC Gummow and RP Austin, Cases and Materials on Equity and Trusts (4th edn, Butterworths 1993) 27. [32] United Scientific Holdings v Burnley Borough Council AC 904 924-925. [33] ibid [34] Roderick Meagher, John Dyson Heydon and Mark Leeming, Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity: Doctrines and Remedies (4th edn, 2002) 2-105. [35] R Meagher and J Heydon, Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity, Doctrines, and Remedies (Butterworths LexisNexis 2002). [36] ibid [37] Ibid (n 34) [38] Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. [39] (1882) 21 ch D 9. [40] PETER SPARKES, à ¢Ã¢â€š ¬Ã‹Å"WALSH V LONSDALE THE NON-FUSION FALLACYà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1988) 8 Oxford Journal of Legal Studies 350. [41] ibid [42] AWB Simpson, à ¢Ã¢â€š ¬Ã‹Å"the Survival of the Common Law System; Then and Nowà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Sweet Maxwell 1974). [43] Ibid (n 26) [44] Michael Tilbury, à ¢Ã¢â€š ¬Ã‹Å"Fallacy or FurphyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¯: Fusion in a Judicature Worldà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 26 (2) U.N.S.W. Law Journal 357, 26 U.N.S.W.L.J. 357 2003. [45] Martin (n 22) 1. [46] ibid (n 13) 9. [47] A Burrows, à ¢Ã¢â€š ¬Ã‹Å"We Do This At Common Law But That In Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2002) 22 Oxford Journal of Legal Studies. [48] Baker (n 22) [49] Meagher (n 35) 2-320. [50] David A Hughes, à ¢Ã¢â€š ¬Ã‹Å"A CLASSIFICATION OF FUSION AFTER HARRIS V DIGITAL PULSEà ¢Ã¢â€š ¬Ã¢â€ž ¢ 29(2) UNSW Law Journal 38. [51] United Scientific Holdings v Burnley Borough Council AC 904 924-925. [52] Cuckmere Brick Co. Ltd. v. Mutual Finance Ltd [1978] A.C. 904. [53] Napier and Ettrick (Lord) v. Hunter [1993] 2 W.L.R. 42. [54] Tinsley v. Milligan [1993] 3 All E.R. 65. [55] Jill Martin, à ¢Ã¢â€š ¬Ã‹Å"Fusion, Fallacy and Confusion; a Comparative Studyà ¢Ã¢â€š ¬Ã¢â€ž ¢ [1994] Conveyancer and Property Lawyer. [56] P Baker and P Langan, Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity (29th edn, Sweet Maxwell 1990). [57] Ibid (n 1) [58] Gary Watt, Equity and Trusts Law Directions (Oxford University Press) 10.

Flamenco Essay - 898 Words

Flamenco is an individualistic folk art, a genuine Southern art form, which was mainly originated by Andalusian gypsies. It exists in 3 forms: El cante, song, el baile, dance and guitarrra, guitar playing. Its roots also are with Arabs, Spanish Jews and socially outcasted Christians. The flamenco essence is song, which is usually accompanied by guitar and improvised dance. Complex rhythmic patterns and sophisticated footwork differs from other European dance forms. The word quot;flamencoquot; has been questioned on why an Adalucian music form would be represented by a word that meant Flemish or flamingos. Most believe that it was Carlos I who brought with him to Spain from Flanders an entire Flemish court. These Flemish court men, on†¦show more content†¦This is often called Seguiriyas. nbsp;nbsp;nbsp;nbsp;nbsp; Seguiriyas is the oldest written example of flamenco found in the 18th century. Called an indecent dance by Henry Swinburne of 1779, seguiriyas is one of the many still surviving non-Gypsy flamenco dances. The many types of cante are similar in the fact that they may share the same rhythm. Although, they are proved to be very individual in their accentuation and emotional content. The ancestry of el cante is traced back to the serious forms called Canas and Soleares. From these two, stemmed Alegrias, which was a lighter form. From the Gypsy culture came Albireas, which was only sung at weddings. Spanish folk songs and dance the Arab influences and Latin America has influenced many later genres such as Rumbas, Gitano, and the Columbianos. Black culture played a large role in the formation of many Latin American music types.  Though Flamenco has very much been acquired by Arabs, Indians, Jews, Gypsies and the Africans the source of flamenco dance lies in the singing and guitar traditions. Originally, the guitar served as the companion of flamenco dances. Today flamenco guitar has developed into its own art. Like many other music forms and styles, flamenco has recently been mixed with jazz, blues, rock and pop music. This form is embraced by younger people but discarded by a somewhat older quot;purists.quot; 16th century dance included chacona, zerabanda andShow MoreRelatedFlamenco and the Spanish Culture619 Words   |  3 Pagesdifferent musical styles have originated from various locations through Spain such as Flamenco from Andalusia, the Galician bagpipe music from Galicia and the classical guitar music that originated throughout Spain in the early . Spanish music is very diverse and reflects the large cultural differences between regions. The music of Spain has also had a large impact on the music of western cultures.(Music of Spain). 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Flamenco is very evoking to gypsies. It brings out the spirit that comes from inside, a mysterious power that everyone feels but no one can explain. Flamenco fuels a physical and an emotional response to this beautiful art of music andRead MoreBackground And Origin Of Flamenco Music And Dance1212 Words   |  5 Pagesbackground and origin of flamenco music and dance. By observing Miguel Bernal and his group s performance of flamenco music and dance on Feburary 25th at the Culver Center of the Arts, I will demonstrate the characteristics of flamenco music and dance and it s influences to people s cultural identities and values. I will also interview one of the audiences from the performance about her point of view to the flamenco music and dance. Background and Origin Flamenco was originally emanating fromRead MoreA Discussion On Mass Communication2115 Words   |  9 Pagesmedia will endure to outdo traditional print media. 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He performed throughout Spain in his early age and decided to move to London in 1960s to pursue his career abroad. According to Woodall (n.d.), â€Å" since then, his reputation as a refined interpre ter of traditional flamenco-guitar forms has remained unequalled†Read MoreEssay about Exploring Different Styles of Popular Music2503 Words   |  11 Pages music became more widespread, finally dominating the traditional Spanish flamenco music in popularity in the late 1950s. As popularity increased, many more bands were formed, which meant that this form of music developed and many styles developed that broke away from the traditional pop of the early 1960s. Much of early Spanish rock and pop was greatly influenced by traditional flamenco. However, it progressed little until the second half of the 1970s because ofRead MoreSpain With Great Hopes Of Returning1777 Words   |  8 PagesRisk, I lean on the conservative side, and yet I find myself at times willing to bend the rules. During our travels we were advised the local flamenco was mainly tourist traps, and if you want the authentic flamenco you must to travel to the outskirts of the city. Around eleven at night we find a cab driver who understands and agrees to take us to true flamenco. With a forty minute ride into a town we did not know to a seedy little barrio. Before leaving the cab we pointed to our watch, and asked to

Assemblage Interrogatives Information Basis as a Service Pattern

Question: Describe about The Contemporary Development In The Systems Helps To Handle The Devices And Dominate Mainly On The Commercialisation Of The Market? Answer: Introduction The Contemporary Development In The Systems Helps To Handle The Devices And Dominate Mainly On The Commercialisation Of The Market. There are trends which match to the usage of the system and look forward to the relationship which stay updated on the intelligent system. The creation of the relation which dominated as per handling, keeping the assemblage intact. There are certain demonstrations which will compute and adapt as per the changes in the lifespan. The strategy needs to handle the usage of pre-processing system to work on the frameworks along with the development of app. The performance discussing on surrounding to a higher leading centre which is able to examine the growth and cover the major storage system of visualisation. (Lemoine et al., 2014). Computing the Assemblage As per the change in the applications, it is important to highlight on the designing and deployment feature which enables a better role and address to cloud and grid features. The origination of different in critiques will handle the sociology which maps the relation and other combinations. The context of origination of work to analyse the developments and handling the scientometric mapping, there is a need to manage with a wider range of fluctuations and take care of the associated sciences. The theory explains about the transportation system which fits in the best for a better and unique network system. The explicit change in the strategy focus on how many attributes are there to handle the concept of agency and to take care of the network decisions. (Ao et al., 2014). Actor Network Theory The computation to accept the code implementation and handling the operating systems switch to increase in the framework devices along with generating codes of CSS. With the perspective of ANT theory, there are certain dynamic organisations which focus on how the values and organisation illustrate to access the pool of resources. The description of the different technologies leads to focus on outsourcing the different service models. ANT helps in: Maintaining the interests of problems in handling the solutions and establishing the stability to pass the passage points. The interessement to convince and handle the line of interests, try to enrol to the development of the network which incite the right lock to the actors. The enrolment involves the roles to set strategy as per the project growth to embrace the ideas and handle the strategies. The mobilisation and control over the network embodies the stability on socio-technical levels. Talking about the cloud enterprising stories, there are concerns which affects the cloud stories. To mention the reports of security, there are certain loss of data which are in regard to the implementation and emerging of the risks factor. To manage the market, there is a need to pursue and conceptualise about determining the major distances which handles the technological growth. The development of the product and the individual theory, there are certain assessment of the roles which leads to the construction of groups and other integrated features. To handle the executive costs, there are: The actants which are computing with regards to researches in the institution and other housing standards. In this, as per the analysis of the organisation, there was a research conducted which says that there are different organisations which handle the resources and take care of the employees as per how they follow and sense the period of time. The interviews and the implementation to follow the sense of literal generally keep on holding the approach and try to take into consideration about how there is proper implementation of the different projects. The associations which consult to the housing projects generally consider about taking plans according to the renovations and build up important changes in the floors, as per the scheduled plan. The strategy to set up the right renovation and to regard the best follow ups, a proper research is important to analyse the data and involve the projects which could carry the associations on time. With the different administrative centre, one could analyse that there is a need to handle the company data which will take care of all the data values and handle it to the organisation as per the natural progression. The idea to go for handling the services and focusing on a feel of hosting the cloud feature is important to overtake and encrypt all the features. (Misfud, 2014). With the implementation of the different category scales, with the creation of the tools and emulators, there is a need to incorporate the lines of service and handle the development which focus on the generation of designs and other interface. Following the act ants, there are categorisation which marks the representation of the designs and develop important tools to strength the competitiveness for operating efficiency change. With a proper categorisation under the actants, there is a maintenance of proper structural mean to handle the representation and promote the behaviour as per the secured and motivated outputs. The models and signs of structures for home communication with the different models which are able to push the management systems, depends upon the business priority. The system of intelligence generally support to all the replication and demonstrate how it is important to handle the different environments. (Ao et al., 2014). The background which supports the marking system and the documentation update the structure of the database which handles the data input and try to track the functionality as per the assessment system. The actants which follow the scenario and outcome of metro system After the examination, the other scenario which came out was about carrying implementation plan of a metro system. With the makeup of the books and novels, there are researches which are frequent to cite things which are in regard to handle and practice about the analysis of the document. With all the projects involved, the Bruno Latour (who worked on this ANT research) finally came up with the analysis of the things which are practices under it. The breakdown and the weakness certainly handled the rick data palette which brings in change in drawing certain fieldworks. For a setup of a big enterprise, it is important to handle the spaces of the code and speculate to protect the cloud system. With the integrity and other support, there is a possibility to protect the data by proper usage of the software and other features. For a proper service, it is important to properly identify and locate the moderators which are able to handle the accounts and influence the market which depends on eliminating the content. The standard of authenticity mainly tries to interact with the contents that take hold of the things and other purposes to make the content and innovate important content about the usage of work quality feature. (Lemoine et al.,2014). To handle the best plugin, there are audiences who focus on how to engage in influencing the major views of the website ad try to put the hooks to engage with the remarkable content. The software based convenience is important to handle the actants and scale out the features to spam out ethical advantage to engage mainly in the consistency of work. In this, the actants are the mediators who are the non-human actant, working with the software on computer, internet, iPad etc. There is a provision to pull the activities and symbolise the actions as per the usage of the self-system. The different relationship try to take hold of the concept of agency which are under the generalised symmetry work. Conclusion With the interaction to handle the clean state, it is important to derive certain important scopes which could generate the effects important for sharing the knowledge and other corporative initiatives. The opportunities which reflect on the basis of examination feature certain context with highlighting the powerful base to compete and promote for an undetermined system of network growth. The ANT suggests that there are certain points which handle the reasoning and state about the ideals and forms along with handling the community features. The roles and other objects are divided under the management system which opts to the stability factor and recognise the significance feature. As per the networking system, there consists of interaction with the assimilated growth which approach to the location of the associative factor. (Misfud, 2014). The deterministic goals of the models trace out the phenomena to handle the structures and pattern the unfolding of the challenges. With pursuing the innovation, there is a development which regards to handling the political and other development factors. It is, thereby important to follow the actants and take care of all the different explanations which could follow and observe the translations as per the defined scenarios to build up a laboured work. Reference RAJA, R., KUMAR, V. R. (2015). Assemblage Interrogatives Information Basis as a Service Pattern. Lemoine, X., Zeder, M. A., Bishop, K. J., Rufolo, S. J. (2014). A new system for computing dentition-based age profiles in Sus scrofa.Journal of Archaeological Science,47, 179-193. Mifsud, D. (2014). Actor-Network Theory (ANT): An Assemblage of Perceptions, Understandings, and Critiques of this Sensibility'and how its Relatively Under-Utilized Conceptual Framework in Education Studies can aid Researchers in the Exploration of Networks and Power Relations.International Journal of Actor-Network Theory and Technological Innovation (IJANTTI),6(1), 1-16. Ao, C. H., Xiao, C., Yang, X. Y. (2014). Algorithm of Geometry-Feature Based Image Segmentation and Its Application in Assemblage Measure Inspect. InFuzzy Information Engineering and Operations Research Management(pp. 419-428). Springer Berlin Heidelberg.