Introduction To Law Of Equity How Law Of Equity Developed Historical Background Of Equity

Introduction To Law Of Equity How Law Of Equity Developed 


Historical Background Of Equity Law

Before 16th Century There were Only Common Law Courts People were only get Relief On the basis of common law if there were no remedy the people of England not get any relief , When the writ or suit was  set aside in common law court then the the party can go in review to the King . During 16th century , Many review Petition were filed with the king , the King was not supposed to deal with such numbers of petition so he delegate the power to the court of chancery , the court of chancery started dealing with such Petitions , since the chancery court is established to deal with equity cases .


Maxims Of Equity 

These are the ordinary legal principles that have been adopted through precedent in regard to equity . These maxims are the body of law that have developed in relation to equity and these help to govern the way equity operates . All  the maxims are discretionary to nature and courts may choose weather they wish to apply these principles


Following are the Maxims 

1  No Wrong With out Remedy Or Equity Will Not Suffer a wrong to be with out a Remedy or Ubi Jus Ibi Remedium

2  He Who Seek Equity Must Come With Clean Hand   Or Do Good Have Good

3  He Who seeks Equity Must Do Equity

4  Equity Follows The Law

5  Where equities are equal, The First In time shall prevail

6  Where there are equal equities , the law shall prevail

7  Delay Defeat Equity

8  Equity looks to the intent rather then to the form

9  Equity imputes an intention to full fill an obligation

10  Equity acts in personam

11 Equity Is Equity

12 Equity regards That as done which ought to have been done .