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The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases before them. [1]. An English authority states about the maxims of equity: "The Maxims do not cover the whole ground, and moreover they overlap, one maxim contains by implication
16 Mar 2011 The maxims of equity may fairly be described as a set of general principles which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as more flexible, responsive to the needs of the individual and more inclined to take account of
to assist the Sheriff in enforcing the law. They were later given judicial functions and dealt with minor crimes. coMMoN LAW PRocEDURES. PRECEDENT. As the work of the common law courts grew, the judges began to use previous decisions as a guide for later cases. This was the beginning of the doctrine of precedent.
Introduction. 2. Equity in Specific Systems of Law. 2.1 Equity in Civilian Legal Systems. 2.2 Equity in Common-Law Legal Systems. 2.3 Equity in Other Legal Systems. 2.4 Equity in the International Legal System. 3. Law, the Universal, and Fairness. 3.1 Rules and Principles. 3.2 Equity and the Recognition of the Special Case.
NATURE OF EQUITY. Equity – “Equity" refers to that body of cases, maxims, doctrines, rules, principles & remedies that derive from the specific jurisdiction established by the Court of Chancery before 1873, and which remains a distinct source of legal authority in. Australian courts. • Specific doctrines (fiduciary duties,
ChaptEr 1: ThE NATURE AND hiSToRy oF EQUiTy. 3 the insistence on rights in circumstances which are harsh or oppressive. 4 the inequitable denial of obligations. 5 the unjust retention of property. (P Parkinson, 'The Conscience of Equity' in P Parkinson (Ed.), The Principles of Equity,. Lawbook Co., 2003, pp. 29–54 at p.
comprehensive and condensed view of the general Princi- ples of theDoctrine of Equity, as administered in the. Court of Chancery, and an outline of theproceedings by which those principles are enforced. It comprises the substance, with additions, of three series of Lectures, de- livered before the Incorporated Law Society,
ORIGIN OF EQUITY. Equity is that system of justice which was administered by the High Court of Chancery in England in the exercise of its extraordinary jurisdiction. Every true definition of equity must, therefore, be, to a greater or less extent, a history. Bispham, Principles of Equity, at 1, 2. “Prior to William the conqueror,
1 May 2008 The law of equity permits a court to grant equitable relief where there is no relief at common law, and which includes its own doctrines and maxims.
After this time, all future Chancellors were lawyers. Beginning around 1557, records of proceedings in the Courts of Chancery were kept and several equitable doctrines developed. Criticisms continued, the most famous being 17th-century jurist John Selden's aphorism: Equity is a roguish thing: for law we have a measure,

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March 2018