THE LAW OF EQUITY SAMPLE EXAM PAPER 4

Question 1
“Now equity is no part of the law, but a moral virtue, which qualifies, moderates, and reforms the rigour, hardness and edge of the law, and is an universal truth; it does also assist the law where it is defective and weak in the constitution (which is the life of the law) and defends the law from crafty evasions, delusions, and new subtleties, invested and 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 the law. Equity therefore does not destroy the law, nor create it, but assist it.”Per Lord Cowper, in Lord Dudley v Lady Dudley (1705) Prec Ch 241, 244
With the above quote in mind, discuss the nature of equity. (20 marks)
Write notes about the following two equitable remedies:
Interlocutory Injunctions  (10 marks)

Question 2
Mali, a testator, disposed his residuary estate in percentages and gave 2% to Audi NGO. Mali further provided that, should the gift on any share fail, his trustees should hold ‘my residuary estate’ upon trust for his grandchildren, Arthur and Morgana absolutely. The gift to Audi NGO failed as the NGO had been wound up. It was argued that the residuary estate passed to Arthur and Morgana. Arthur and Morgana wanted the words ‘such share of ‘inserted before ‘my residuary estate’.
Explore whether the testamentary document can be changed to reflect the wishes of the testator, in the circumstances. 

Question 3
Kelly, an 18 year old girl had formed a relationship with Khamasi, a 28 year old man. After sometime the friendship broke down, Kelly decided that she would have no more to do with Khamasi. Khamasi found it impossible to accept Kelly’s decision. Khamasi has since been threatening Kelly on several occasions. He has used threats and heaped abuses on Kelly. He rings Kelly’s house incessantly, and threats to take legal action have not put a stop to his behavior. Advise Kelly on the best remedy available to her. (20 marks) 

Question 4
An agreement was entered between Funny and Fanusi that Funny would grant Fanusi a lease of a house and Funny would be employed in the house throughout the tenancy at a salary of Kshs 6000 per month, plus a commission on any rents received in case Fanusi subleased the house. Fanusi so far has agreed to the terms and has been paying Funny for his services at the house but Fanusi has failed to share the commission he has been receiving from subletting the premises.
Funny wants to bring action against Fanusi. Advice Funny on the equitable remedy available.
(20 marks)