Built Enviroment law
Introduction to Built Environment Law
Discuss the influence/role the law of equity has in the law of contract.
Law is simply the body of generally accepted ‘rules of behaviour’ that a particular society, acting collectively, accepts as appropriate for it’s own self-governance, Graw 2011. Justice Denning in the High Trees Case 1947, established the modern doctrine of promissory estoppel. Promissory estapol prevents a party from breaking a promise without consideration. It is defence equity, and could only be relied upon defensively as a shield not a sword, High Trees 1947. A new Australian view of promissory estoppel was developed in 1988 from the Walton’s v Maher case. The pre-existing agreement was the lease agreement and the tenant was defending the action to recover back rent. It was founded that a promissory estoppel action could also be used by parties who had not entered into a legal agreement, and as a ‘sword’, to initiate as well as defend an action, Vickery 2012.
A major difference between common law and equity can be found in the type of their respective remedies. In common law, plaintiffs who can make out a good cause of active are entitled to remedies. In equity, the remedies are discretionary; this means if a judge think the plaintiff has come to court with some guilt of misconduct in the cases circumstances, the judge has the authority to refuse or not grant any remedies.
A valid contract is a legally enforceable agreement, giving obligation to the parties, which are involved. The law on contract determines which agreements are enforceable, providing remedies if these obligations are broken, Koffman and Macdonald 2007. Contracts can be classified as formal or simple. Formal contracts are agreements made in writing, which must follow all requirement stated in that contract. Formal contracts must follow a specific form to be enforceable and executed under seal for its validity, referred to as a deed. Few contracts are required by common
Discuss the influence/role the law of equity has in the law of contract.
Law is simply the body of generally accepted ‘rules of behaviour’ that a particular society, acting collectively, accepts as appropriate for it’s own self-governance, Graw 2011. Justice Denning in the High Trees Case 1947, established the modern doctrine of promissory estoppel. Promissory estapol prevents a party from breaking a promise without consideration. It is defence equity, and could only be relied upon defensively as a shield not a sword, High Trees 1947. A new Australian view of promissory estoppel was developed in 1988 from the Walton’s v Maher case. The pre-existing agreement was the lease agreement and the tenant was defending the action to recover back rent. It was founded that a promissory estoppel action could also be used by parties who had not entered into a legal agreement, and as a ‘sword’, to initiate as well as defend an action, Vickery 2012.
A major difference between common law and equity can be found in the type of their respective remedies. In common law, plaintiffs who can make out a good cause of active are entitled to remedies. In equity, the remedies are discretionary; this means if a judge think the plaintiff has come to court with some guilt of misconduct in the cases circumstances, the judge has the authority to refuse or not grant any remedies.
A valid contract is a legally enforceable agreement, giving obligation to the parties, which are involved. The law on contract determines which agreements are enforceable, providing remedies if these obligations are broken, Koffman and Macdonald 2007. Contracts can be classified as formal or simple. Formal contracts are agreements made in writing, which must follow all requirement stated in that contract. Formal contracts must follow a specific form to be enforceable and executed under seal for its validity, referred to as a deed. Few contracts are required by common