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The History Of Fairness And Common Jurisprudence Law Equity Essay A few lines about the account of equity and common law (Court of Chancery etc). Although equity literally means fairness, we use this term for the consistence of principles mature by the Court of Chancery. If someone says Ane don't want the money (the damages), I want the land.
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Importance of equity in law
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The peculiar nature of equity is exclusive in part expected to its diachronic development.
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Is the peculiar nature of equity due to its history?
“The peculiar nature of equity is only in part due to its historical development. It is also necessary to understand that equitable principles are distinctive from, but not necessarily incompatible with, those of common law” Discuss Equity came into existence during the 13th century [1].
How are decisions made on the basis of equity?
Decisions made on the basis of equity are in personam which enforces decisions by means of a personal order against the defendant [33]. The types of equitable remedies that can be awarded by the courts include injunctions, specific performance, rectification and rescission.
Why was Equity introduced in the 13th century?
It can be seen from the above that equity was introduced to fill the void that was lacking in common law. Under the old system of common law from the 13th century until the courts combined there was no leeway for the courts to order specific performance or injunctions [37].
When did the rule of equity conflict with common law?
The rules of equity varied from Chancellor to Chancellor until the end of the 16 th century [3]. As equity developed it began to conflict with common law. Litigants used equity to their advantage often seeking an equitable injunction prohibiting the enforcement of a common law order.
Last Update: Oct 2021
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26.10.2021 06:32
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