Definition Of Equity Jurisprudence

August 25, 2021 Post a Comment

As to the most common criticism of equity these words of the English jurist John Selden 1584-1654. The common stock of a corporation.

Equity And Insolvency Chapter 6 Equity And Administration

Something that is equitable.

Definition of equity jurisprudence. A court of equity is a type of court that hears cases involving remedies other than monetary damages such as injunctions writs or specific performance and a court of law only hears cases involving monetary damages. It could refer to fairness impartiality or evenhanded dealing. The money value of a property or of an interest in a property in excess of claims or liens against it.

N Property law the right that a mortgager has in equity to redeem his property on payment of the sum owing even though the sum is overdue See also foreclose negative equity. Equity is based on a judicial assessment of fairness as opposed to the strict and rigid rule of common law. Equity law is derived from old English common law when courts used their discretion to apply justice in accordance with natural law.

Equity is understood by others as a better form of justice due to giving a specific judgement. Equity law came in response to the rigid procedures of Englands legal courts. Equity can be understood generally as justice and fairness.

Equity is a jurisprudence of discretion. Justice according to natural law or right specifically. Historically equity originated in the exercise of executive power by the English Chancellor an officer of the king.

For example as per the company policies managers should use equity in dealing with subordinate employees. A Guide to Equity Law. Equity law supersedes common law and statute law when there is a conflict between the two and neither can appropriately bring the correct verdict.

As the definition of equity suggests equitable justice is a jurisprudence of discretionary judgment and exceptional situations. Arguably this can only be achieved if there is certainty within the law as without the strict rules of law there would not be universal justice and fairness. Freedom from bias or favoritism.

1 a venerable group of rights and procedures to provide fairness unhampered by the narrow strictures of the old common law or other technical requirements of the law. The second great branch of English law. For centuries the common law was referred to as the law in contrast with equity.

Equity jurisprudence may therefore properly be said to be that portion of remedial justice which is exclusively administered by a court of equity as contradistinguished from that remedial justice which is exclusively administered by a court of law. Concept and definition of Equity - Historical Background-Definition nature and scope of equity -Equity as a branch of law-Equity under the Indian Legal System Classification of Equity Jurisdiction-Exclusive Jurisdiction-Concurrent Jurisdiction-Auxilliary Jurisdiction Unit II Nature of Equitable Rights and Interests - Evolution of Equitable Interests-Difference between Legal and Equitable. A supplement to the common law.

The Court of Chancery was an example of an early English court of equity. The body of principles constituting what is fair and right or the natural law.

Lecture 16 Introduction To Equity