Equity acts in personam
An order of a court of equity is directed at a person and forces him to act or stop. It does not directly change the title to land or property.
Example
A court orders a person to transfer land in another country. The court cannot change the foreign title, but it can punish the person if he refuses to obey.
Case laws
- Penn v. Lord Baltimore (1750), England: the court ordered a defendant to carry out an agreement about land in America, because it acted on the person.
Exam tip
Asked as a feature of equitable remedies.
Memory trick
The order binds you, not the land.
Key takeaway
Equitable orders bind the person who must obey them.
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