The question of priority of interest comes up when there are two or more competing interests over property and especially when these interests cannot be satisfied out of the total value of the property that is subject of the interests.
Category: Equity and Trust
Nature of Equitable Rights/Interests
Equitable rights are in two categories. They include those rights created by Equity and those recognized under Equity which were hitherto unrecognized under Common law. Read More…
Maxims of Equity: Everything you need to Know
Equity developed in reaction to the excesses of common law. As a result of this, it’s principles are quite ad-hoc. Meaning that they were made as circumstances dictated. The closest thing to guiding principles for equity are the maxims of equity. Read More…
How has Equity Contributed to the Common Law Legal System?
For literature students, the Shakespearean classic – The Merchant of Venice, would ring a bell. This story shows the absurdity that is inherent in strict adherence to the law. Without equity tempering the provisions of the law in order to create justice, the law would end up being a tool of injustice.
Those who have not read the story might be a little bit lost here. As the story goes, Bassanio asked his friend – Antonio, to give him some money in order to marry the woman he loves. Antonio didn’t have the money and he decides to borrow from a moneylender – Shylock. Read More…
The Judicature Act of 1873-1875.
The Earl of Oxford case solidified the position of the Court of Chancery in the English Legal system. As a result, there were two courts with different powers. The presence of two courts with distinct jurisdictions caused a lot of hardships to litigants.
The common law courts could grant damages while the Court of Chancery could grant injunctions and other equitable remedies. For a while, none of these courts could grant remedies obtainable in Read More…
Meaning and Historical Evolution of Equity
The Meaning of Equity
In normal parlance, equity means justice and fairness. In the legal world, equity means this and much more. All legal systems all over the world, over the ages, have always had a concept of equity embedded in their administration of justice. The Civil Law jurisdictions of Europe inherited the Roman Legal system. Read More…