Search results
Results from the WOW.Com Content Network
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and ...
Legal equity: The Court of Chancery, in early 19th-century London.. In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]
Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in specific cases. [3] Snell's Equity, an English treatise, takes the view that the "Maxims do not cover the whole ground, and moreover they overlap, one maxim contains by implication what belongs to another.
Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant ...
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some ...
The Exchequer maintained a clear rule with the other equity court, the Court of Chancery; a case heard in one could not be re-heard in the other. Apart from that, cases of equity could be heard by either court. [36] The Exchequer had superior status over inferior courts of equity, able to take cases from them and countermand their decisions.
Walsh v Lonsdale (1882) 21 Ch D 9 is an English property law case about the effect of the Judicature Acts.It is the authority for the equitable maxim that "Equity regards as done that which ought to be done".
Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity. Content.