History Of Equity

"Equity" has an extensive variety of implications and to many individuals, it is an equivalent word for "reasonableness" or 'justice'. Its concern is the observance of conscience, fairness, equality and the protection of relationship of trust and confidence. Equity has undergone consistent and gradual advancement ever since it subsisted until it comes to the part at which it operates side by side with the common law today. Prior to that, there is two parallel court framework in England, which is the courts of law and the courts of chancellery respectively. The courts of law perceived only the lawful proprietor of property and could just award damages, whereas the courts of chancellery could give injunctive alleviation which is an order of

This has mitigated the disadvantages of having two courts. The court may grant both common law and equitable remedies as every judge was, by Section 24 of the 1873 Act, given the power and duty to recognize and give effect to both legal and equitable rights, claims, defenses, and remedies. Furthermore, by Section 25, provision was made for situations in which the rules of law and equity were in conflict. After dealing specifically with a number of particular cases, it was provided in general terms that in all other cases in which there was a conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity should

As indicated by him, it is of nobody’s view that the principles of equity have stayed unaltered ever since the year 1875 as the law of equity have advanced in an indistinguishable route as rules of common law did. Likewise, with regards to the correlation with Quia Emptores, he opined that this is still in compel nowadays. Apparently, it is a delusion to postulate that the Act aims to remove the contrast and polarity between these two contradicting frameworks. He specially mentioned that ‘The Bill was not one for the fusion of law and equity’ while presenting the second perusing to make his clarification on this plainly. The Attorney General went on to state that the Bill is utilized upon the application of relief in accordance with the legal standard, or else as indicated by equitable principles, with the expansion that whenever there are conflicts or incompatibles between the principles of Law and Equity, equity should