LW598 Equity and Trusts Paper discusses the statement by Lord Sales

LW598 Equity and Trusts Paper discusses the statement by Lord Sales, ‘The Interface between Contract and Equity’ with reference to Equitable Doctrines or Remedies. LW598 Equity and Trusts Paper: Equitable Doctrines or Remedies Questions Answer ONE of the following questions: 1. ‘The common law is itself a sort of overarching tradition, in which Equity and contract are nested. The way these traditions hang together is not a simple matter. Equity has one trajectory and contract has its distinct trajectory. In significant ways, they tend to promote different values.’ (Lord Sales, ‘The Interface between Contract and Equity’ Lehane Memorial Lecture, 28 August 2019) Discuss this statement with reference to at least TWO equitable doctrines or remedies. 2. ‘The doctor who abuses his relationship with his patient by demanding sexual favors in return for drugs does not have ‘profits’ to disgorge; he is not required to be ‘loyal’, in the sense intended in fiduciary cases. He is required to act in the interests of his patients, however, and if this obligation does not adequately meet the particular facts then direct law reform is needed, not a fiduciary fudge.’ (Sarah Worthington, Equity (2006)) Also, discuss this statement with reference to English, Australian and Canadian case law. LW598 Equity and Trusts Paper: Equitable Doctrines or Remedies 3. ‘The court cannot decide the issue of what is unconscionable by an elaborate set of rules.’ (Lord Walker in Pitt v Holt [2013] 2 AC 108). Critically evaluate Lord Walker’s statement with reference to at least TWO equitable doctrines or remedies AND the rule of law. The length of your written work (including footnotes and quotations) should not exceed the specified word count. If you exceed this word count by less than 10%, no reduction will be applied. If however, the total length of your written work is 10% or more above the word count, your mark will be reduced in accordance with the rules specified below. For the avoidance of doubt, the total length of your written work does not include the bibliography and a restatement of the assessment question. All coursework will receive written feedback. Once you have read the written feedback, you may still have queries; in this case, you should contact your seminar leader.