Defition Of Equity Flashcards
Define equity
Equity to me simply means justice, fairness and good conscience
How did J.E Martins define equity
Equity is what is fair and just
What are the two ways to define equity
Technical and Juristic definitions
Juristic definition of equity
It is the power given to a body or tribunal to dispense justice and to use their discretion to mellow the consequences of the harshness of common law and other bodies of rule
Technical definition of equity
Those body of rules which we may ask ourselves
What is the reason for the coming into effect of the rules as applied by the court of chancery from 1873 upwards
And the reason why was supply to mitigate the harsh nature of the judgement that emanated from the common law courts.
John selden
Equity is a roguish thing. For Law we have a measure, know what to trust to; Equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is Equity