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Understanding the Concept of Equity

Apr 28, 2025

Concept and Definition of Equity

Introduction

  • Equity: Synonymous with fairness and justice; lacks a precise definition.
  • Has three senses:
    1. Morality, honesty, and uprightness.
    2. Principle of natural justice, separate from fixed legal rules.
    3. A set of fixed rules.

Origin of the Term

  • Derived from the Roman term "acquitas" meaning equalization or leveling.
  • Used in four main senses:
    1. Literal sense: Right based on natural laws, fairness, and justice.
    2. General sense: Founded on natural justice, honesty, and right.
    3. Roman sense
    4. English sense

Definitions of Equity

  • Blackstone: Equity is the "soul and spirit of all law"; synonymous with justice.
  • Aristotle: Correction of the law where it is lacking; considers the lawgiver's intent.
  • Maitland: Rules administered by English Courts of Justice; originally by Courts of Equity.

Classification of Equity Jurisdiction

  • Under common law, civil injuries required proving within a form of action.
  • Equitable jurisdiction classified into:
    1. Exclusive
    2. Concurrent
    3. Auxiliary

Exclusive Jurisdiction

  • Cases reliant solely on equitable principles; no common law court jurisdiction.
  • Trusts: Common law saw trustees as owners; equity saw beneficiaries as owners.
  • Recognizes rights not acknowledged by common law:
    • Rights of married women over property.
    • Mortgages and equity of redemption.

Concurrent Jurisdiction

  • Applied when the common law provided inadequate relief.
  • Equity intervened to provide adequate and proper remedies.
  • Cases involved:
    • Inadequate legal remedies.
    • Insufficient reliefs recognized by common law.

Auxiliary Jurisdiction

  • Provided reliefs when legal rights were contingent on titles or witness statements.
  • Equity compelled document production and witness testimony.
  • Arose to address legal process defects and provide comprehensive legal redress.