Equity originated as a mitigation to the harshness and rigidity of common law. It was originally administered by the King's Council to provide remedies based on justice and fairness. Over time, as legal strife increased, equity developed further through the Court of Chancery, where the Lord Chancellor would make rulings based on his conscience on behalf of the King. Key contributions of equity include new rights, remedies, and procedural devices that supplemented and complemented the common law.

1. History of Equity

2.  Defining Equity:
◦ body of legal principles based on justice and fairness;
◦ originates as mitigation to the harshness and rigidity of common law
◦ Contributed to law of trust etc and provides remedies, general not
monetary
◦ Deals with the conscience of the person (acts in personam
◦ Administered in the chancery court(Exchequer)
 History:
◦ Early times there were no real structure
◦ Legal strife led to equity
◦ Originally administered by the Kings Council made up of clergyman and originated as
a result of the rigidity of the common law.
◦ King had wide discretion and operated as the father of the nation
◦ Powers was delegated to the chancellor who whenever he made a ruling did so on
behalf of the King thus the court of chancery
◦ Chancellors was subjective or described as the length of his foot but he was the
keeper of the King’s conscience.

3. ◦ 14th 16th century varied development from the court getting a
lawyer as the Chancellor to writs and bills be addressed by the
Chancellor
◦ 16th Century, injunctions became the terror of the common law
courts and this gave rise to conflicts between the common law and
equity(Earl of oxford – questioned whether the monarch was subject
the laws like common people; maxim originated: where equity and the
law conflict equity prevailed)
◦ Equitable decision was final and this prevented jurisdictional
shopping
◦ Equity not intended to vacate common law judgments because it
acts against the person conscience.
◦ Contributions from equity: excel jurisdiction (new rights created by
the court); concurrent jurisdictions (new remedies such as Specific
performance, injunctions), auxiliary jurisdictions (new processes –
subpoena, discovery, testimony, etc)
◦ Morality was the bedrock of the CC
◦ Earl of Oxford: CL cannot prevent litigant from the CC; decision
rendered in equity not subject to reversion; prevented jurisdiction
shopping
