Equity

1. Meaning
Fairness, uprightness, justice
Definition:
Justice according to natural law or right; specifically : freedom from bias or
favouritism or a system of law originating in the English chancery and
comprising a settled and formal body of legal and procedural rules and
doctrines that supplement, aid, or override common and statute law and are
designed to protect rights and enforce duties fixed by substantive law1.or
The body of law founded upon the principles of fairness or
The body of law that address the issues which fall outside the jurisdiction of
common law.
Common law:
The part of English law that is derived from custom and judicial recedent
rather than statutes.
Deficiencies in common law:
Rigid and fixed principles regulation the procedure of common law court.
i. Absence of certain remedies
ii. Inadequacy of remedy
iii. Excessive formalism
Till 13th century The whole common people of England filed a suit before the
court of common, but the court did not provide proper remedy at all and it was not
adequate remedy for the plaintiff and the defendant, it means the law did not
provide relief for all inconveniences .the people started petition before a king for
an adequate remedy thus the chancellor began his judicial function and the court
of chancery was established beside the court of common law.
The chancellor acted according to his judicial conscience or the principles of
natural justice .the principles and the rules arising through the administration of
justice in the court of chancery were called Equity, till 1873 two court were
subsisting parallel, namely common law court and chancery court.
So peoples started filing suits one after others in both the courts hence multiplicity
of suits started to redress this issue , In 1873 both courts were dissolved by
judicature Act 1875 and new unified court is established2.
1 https://www.merriam-webster.com/dictionary/equity
2 www.slideshare.net/arnabbd/origin-and-development-of-equity
Subject: Introduction to Law
Standard: LL.B semester 1
Topic: Equity
MUNIR HUSSAIN
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
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