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”
The Rationale for Equitable Remedies
As can be seen from cases like Cundy vs. Lindsay, the common law doesn’t pay much attention to the interest of third parties in a contract. If it can just be proved that there was a mistake, the contract would be made void. Due to this rigidity and harshness Continue reading “Equitable Remedies in the Doctrine of Mistake”