Equity's concern for fairness can often invert it into its opposite. Courts of Equity - equity of redemption. English law
Date Submitted: 09/15/2003 09:56:53
Category: / Law & Government / Law Issues
Length: 8 pages (2163 words)
Category: / Law & Government / Law Issues
Length: 8 pages (2163 words)
Equity's Concern for Fairness Can all Too Often Invert It Into Its Opposite.
Equity by definition embodies a notion of 'fairness.' The Law of Equity, whose origins lie in the court of the Chancery, was conceived as a 'corrective system of justice, designed to supplement the common law by responding more flexibly and sensitively to the need for fair dealing and just outcomes '. The courts of Equity were able to remedy the sometimes …
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…Meat and Cold Storage (1914) AC 25
Jarrah Timber and Wood Paving corp [1904] AC 323
Multiservice Bookbinding Ltd. V Marden[1979] Ch 84
Chambers v. Goldwin (1804) 9 Ves. 254
Jennings v. Ward 2 Vern. 520
Barclay's Bank Plc. v O'Brien [1994] 1 AC 180 at 188
Multiservice Bookbinding v Marden [1979] ch 84 at 104
Fry v Lane [1888] 40 ChD 312
Wilton v Farnworth [1948] 76 C.L.R
Watkin v Watson Smith [1986] The Times 3rd July
Lloyds Bank Plc v Rosset [1991] 1 AC 107
Pettitt v Pettitt [1970] Ac 777
Legislation
Administration of Justice Act 1970
Consumer Credits Act 1974
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