Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
|
Originally developed from? |
Court of Chancery in England |
|
|
Why was equity created? |
To mitigate the harshness of common law eg circumstances where parties are not permitted to testify on their own behalf, bribery, only offers damages as remedy |
|
|
Who created equity? |
The king - as people began to petition to the king for justice as they could not get satisfaction from common law |
|
|
The word equity means? |
Concerned with achieving fairness between parties |
|
|
How were common law and equity brought together? |
By Supreme Court of judicature (Ireland) 1877 - allow to grant whichever remedy is appropriate - in case of conflict between the two, equity always takes precedence |
|
|
What kinds of remedies does equity offers? |
Injunctions, compels people to fulfil their contractual obligations, allow correction of a written contractual agreement |
|
|
Why are maxims helpful? |
Provides guidelines on whether or not it is equitable to grant the relief sought |
|
|
8 maxims |
1) equity will not suffer a wrong to be without remedy 2) he who comes to equity must come with clean hands 3) equity follows the law 4) delays defeats equity 5) equality is equity 6) equity looks on that as done which ought to have been done 7) equity acts in peronam 8) he who seeks equity must do equity |
