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.