PHYSICS 102 Lecture Notes - Settlor, Clean Hands, Supreme Court Of Judicature Act 1873
Document Summary
Equity refers to a branch of law which operates fairness and consists of rights and remedies. Equity looks at the merits of an individual case and does not aim to create a precedent. Equity operates on the conscience of the owner of the legal interest - westdeutsche landesbank v. Equity to works to regulate the issues which would be presented in the application of the common law, such as the occurrence of outcomes the legislators could not have predicted or intended. Common law first began to appear following norman conquest 1066. The chancellor acted as the king"s conscience and exercised fairness. Maitland referred to equity as a gloss on the common law". In the seventeenth century it was decided that where a conflict occurs between equity and the common law, equity will prevail. This was put onto the statute book by the judicature act 1873 s25.
