A S L 3 Lecture Notes - Lecture 9: Staffordshire University, Judicature Acts, Testator
Document Summary
One important idea is whether equity is about fairness whether its job is to protect the vulnerable against the harshness of the law. The advantage of this is that the law is fairly certain and predictable. It is also fair, if precedent is followed a claimant is not at a disadvantage because of the court or judge s/he uses. Equity, on the other hand, is seen as fairer and more flexible. One reason for the creation of the equitable jurisdiction was to respond to those situations where common law produced an unfair result. However: first, it is unfair to characterise the common law as being inflexible and not concerned with individual justice. No court of law, not even the old court of chancery is in any moral sense, a court of conscience. " An example of this is the case of taylor v dickens . In this case a gardener had done a lot of work for an old lady.
