The Development of the Law of Equity - Essay Example

By varying existing writs or inventing new ones, the chancellor could have some influence on the development of the law.... As a result, this attitude proved to be a major obstacle to the development of new rules and principles.... It is necessary to discuss common law development, creation and maxim of equity along with Judicature Act 1873.... There are rules of equity which must be obeyed.... equity is uniquely conscience based and is a discretionary regime which has its own set of principles ....

The paper "A Long Tradition and Role of equity in English Law" focuses on the equitable principles that influence many legal decisions.... The part of equity which aims to fulfill the law cannot be undermined, considering the exclusive jurisdiction of equity and innovative nature of transactions.... The English legal system has recognized the significance of equity since the Middle Ages, as legal concepts based on equitable principles began to be developed....

(Wikipedia: Equity) Resulting from this modernization of a medieval practice, it would be fair to state that through the development of equity laws since the medieval times is defined only by what the rewards would normally reap for judgments.... t was not until the 15th century that the Chancery was provided the rights to hold judicial power in the arena of equity Trusts and upon further guidance by the Chancery, by the late 17th century, there was the appointment of lawyers by the Chancellor....

The courts of law in medieval times enforced the law of the king.... Another distinction is that in the system of equity the judge is the "trier of fact"2 and a jury is not available.... In contrast, equity, which concentrates on fairness and flexibility, has only general guides known as the maxims of equity.... The rigid framework of land law could not accommodate the principles of equity and gave rise to the distinction between legal and equitable interests....

Inevitably, The Development of the Law of Equity through time has resulted in some changes to that approach but on the whole, the underlying ethos remains largely unaltered.... Semple Piggot Rochez notes that 'To a large extent the law of equity still reflects the approach taken originally by the Chancery, in that, the whole emphasis is generally on fairness, justice and equality.... This paper "The Nature and Development of equity and Trusts" focuses on the fact that historically, common law principles operated in a vacuum of inflexible applications of procedural formalities....

It is also used to connote the bypassing of the common law in some instances where matters of conscience, humanity and natural justice are at issue and where judgment has to be given in accordance with the spirit of the law rather than the letter of the law4.... Where common law was deemed to be inadequate, equity could be sought as a remedy in the interest of fairness and justice and in his decisions, the Chancellor was guided by his conscience rather than strict observance of the letter of the law....

The courts of equity or the Court of the Chancery that granted equitable remedies, therefore, were empowered to grant relief through injunctions, that is, issue notice to stop some action and also deal with trusts.... Cases of equity come into play typically when neither party has gone against the law but there is a conflict of interest between them.... While courts of law decided through the jury, the courts of equity decided on the good conscience, fairness, and sense of justness of the judge and precedence....

The paper "The Recent development of the Australian Equity Law by the High Court" is an outstanding example of an essay on the law.... The paper "The Recent development of the Australian Equity Law by the High Court" is an outstanding example of an essay on the law.... The paper "The Recent development of the Australian Equity Law by the High Court" is an outstanding example of an essay on the law.... However, it is evident that this vitality of equity law is dependent on the willingness of the high court and intermediate courts to apply equity law in addressing modern prevailing needs and conditions....