For literature students, the Shakespearean classic – The Merchant of Venice, would ring a bell. This story shows the absurdity that is inherent in strict adherence to the law. Without equity tempering the provisions of the law in order to create justice, the law would end up being a tool of injustice.
Those who have not read the story might be a little bit lost here. As the story goes, Bassanio asked his friend – Antonio, to give him some money in order to marry the woman he loves. Antonio didn’t have the money and he decides to borrow from a moneylender – Shylock. Continue reading “How has Equity Contributed to the Common Law Legal System?”
The Earl of Oxford case solidified the position of the Court of Chancery in the English Legal system. As a result, there were two courts with different powers. The presence of two courts with distinct jurisdictions caused a lot of hardships to litigants.
The common law courts could grant damages while the Court of Chancery could grant injunctions and other equitable remedies. For a while, none of these courts could grant remedies obtainable in Continue reading “The Judicature Act of 1873-1875.”
The Meaning of Equity
In normal parlance, equity means justice and fairness. In the legal world, equity means this and much more. All legal systems all over the world, over the ages, have always had a concept of equity embedded in their administration of justice. The Civil Law jurisdictions of Europe inherited the Roman Legal system. Continue reading “Meaning and Historical Evolution of Equity”