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Summary

The concept of equity is often assimilated with that of Aristotelian epieikeia, a process that corrects rules when their application to a certain case would be unjust or contrary to the intention of the legislator. In the middle ages - while theologians had written at length on the concept of epieikeia - glossators, commentators, and canonists adopted a concept of aequitas completely unrelated to it. This barrier between law and theology lasted throughout the medieval period. By the mid-sixteenth century the concept of epieikeia had become familiar to legal writers and, through the work of humanist jurists, was explicitly associated with aequitas. The introduction of epieikeia in legal scholarship opened the door to the influence of scholastic theology over the concept of equity, as lawyers and theologians worked together to build a novel concept of aequitas/epieikeia as judicial power to interpret law beyond its letter.

THE recent Supreme Court decision in Scott v Southern Pacific Mortgages [2014] UKSC 52; [2014] H.L.R. 48 considered whether a promise made by the buyer of a piece of land, before completion, could give rise to a proprietary estoppel claim. Obiter, the court also considered the width and applicability of the rule in Abbey National B.S. v Cann [1991] A.C. 56, which has traditionally been seen to provide that completion and the creation of a mortgage charge are to be considered as one transaction in cases of acquisition mortgages where the purchaser could not have purchased the property without the mortgage loan.

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10 - Interpretatio ex aequo et bono

Summary

The Oxford Handbook of European Legal History by H Pihlajamäki, MD Dubber and M Godfrey (eds). Oxford: Oxford University Press, 2018, 1216 pp (£125 hardback). ISBN: 978-0-19-878522-1.

PROPRIETARY ESTOPPEL AND VENDOR PURCHASER CONSTRUCTIVE TRUSTS

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3 results

10 - Interpretatio ex aequo et bono

Summary

The Oxford Handbook of European Legal History by H Pihlajamäki, MD Dubber and M Godfrey (eds). Oxford: Oxford University Press, 2018, 1216 pp (£125 hardback). ISBN: 978-0-19-878522-1.

PROPRIETARY ESTOPPEL AND VENDOR PURCHASER CONSTRUCTIVE TRUSTS