Equity

Question 1

what is the term equity associated with ?

Answer 1

Morality
Fairness
Justice
(philosophical connotations

Question 2

What was Equity ?

Answer 2

A branch of law which was administered in the court of chancery
Prior to the judicature Act 1873 and 1875.

Question 3

Lord Neuberger in 2010 :

Answer 3

equity evolved to achieve justice and to overcome the déficiences of common law

Question 4

Facts about Equity and Common law :

Answer 4

Existed separately in separate courts before 1875

The two areas existed side-by-side for hundreds of years, often conflicting with each other

The principles of equity would be applied through the Court of Chancery (main court of equity)

The concept of equity is to operate to ‘mitigate the harsh rigours of the Common Law’

There have developed a number of principles (or maxims) of equity

Question 5

The maxims of Equity :

Answer 5

Those who seek equity must do equity
Those who come to equity must come with clean hands
Equity treats as done that which ought to be done
Equity protects the weak and vulnerable
Equity is imaginative
Equity follows the law
Equity is equality
Equity acts in personam

Question 6

The judicature Acts 1873 to 75

Answer 6

Judicature Acts came with the fusion of equity and the law.

Fusion : Judges can apply both law and equity under one juridiction in the same court

Question 7

S.25 Judicature Acts 1873

Answer 7

If there was conflict between law and equity, equity would prevail