What is equity?

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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.
    • 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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