MEANING, NATURE & HISTORY OF LAW OF EQUITY
1. INTRODUCTION
2. MEANING & DEFINITION
Black’s Law Dictionary
“the rule of doing to all others as we desire them to do to us”
Plato:
“Equity is necessary element supplementary to the imperfect generalisation of legal
rules”
3. HISTORICAL BACKGROUND:
Origin of Common Law:
i. Conquest of England by Norman (Region of France):
Customs and usages were prevailing in all of England
ii. After Conquest:
Judges gathered all customs and usages and decided cases on their basis which
ultimately became known as ‘Common Law’
Principal of Stare Decisis was developed
iii. Establishment of Courts & Procedure:
Establishment of Courts:
a. King’s Bench
b. Common Pleas
c. Exchequer
‘Exchequer’ was the administrative department as well as court of law
Secretarial Section was called ‘Chancery’
Head of section was called ‘Chancellor’. The Chancellor was responsible for
collection of revenue and decide matters regarding revenue.
Procedure:
a. Filing of Bill by aggrieved person
b. Issuance of writ by Chancellor
iv. Problems with Common Law
a. Only few writs were available
b. Judicial precedents were strictly followed
c. Technicalities overpowered the justice
1. INTRODUCTION
2. MEANING & DEFINITION
Black’s Law Dictionary
“the rule of doing to all others as we desire them to do to us”
Plato:
“Equity is necessary element supplementary to the imperfect generalisation of legal
rules”
3. HISTORICAL BACKGROUND:
Origin of Common Law:
i. Conquest of England by Norman (Region of France):
Customs and usages were prevailing in all of England
ii. After Conquest:
Judges gathered all customs and usages and decided cases on their basis which
ultimately became known as ‘Common Law’
Principal of Stare Decisis was developed
iii. Establishment of Courts & Procedure:
Establishment of Courts:
a. King’s Bench
b. Common Pleas
c. Exchequer
‘Exchequer’ was the administrative department as well as court of law
Secretarial Section was called ‘Chancery’
Head of section was called ‘Chancellor’. The Chancellor was responsible for
collection of revenue and decide matters regarding revenue.
Procedure:
a. Filing of Bill by aggrieved person
b. Issuance of writ by Chancellor
iv. Problems with Common Law
a. Only few writs were available
b. Judicial precedents were strictly followed
c. Technicalities overpowered the justice
