What is equity?
- Created by: Molly Byrne
- Created on: 18-02-16 10:11
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- What is equity?
- Fairness
- A specific type of English Law
- Background:
- Writ - A formal document used by a clm to start a case
- Writs were specific - often no way of starting a case
- Therefore individuals started to petition to the kin who could overrule common law.
- Frequency of petitions was too high so delegated to the Lord Chancellor.
- Lord Chancellor eventually appointed judges and the Court of Chancery was born.
- Frequency of petitions was too high so delegated to the Lord Chancellor.
- Therefore individuals started to petition to the kin who could overrule common law.
- Problems with equity:
- As depicted in Bleak House - Slow process.
- May have a case in equity and common law - increases costs.
- Equitable maxims:
- Guidelines
- Equity will not suffer a wrong without a remedy.
- A person who seeks equity must come with clean hands.
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