Definition
of
A simple definition must be that Equity consists of the body
of rules, which was developed to mitigate the harshness of the common law. This
takes us some way but not far enough.
According to plato,”Equity
is indispensable to any intelligent administration of justice.”
According to Blackstone, “Equity
is the soul and spirit of all laws. In this Equity is a synonym with justice
and sound interpretation of the rule.”
Above the discussion we can say that, Equity is that which fulfill the common
law system.
Meaning of
Equity:
The word Equity comes from the roman term “Acquitas” which means
equalization or leveling. The word also used for as equity, justice, and good
conscience.
The term is used for various sense out of the
four main sense in which the term is used for,
Literal
sense:
In the literal sense, Equity is right, which is founded on
the laws of nature, fairness, and justice. Equity is created from the natural
law which is existed in the nature.
General
sense:
In the most general
sense, we call that Equity which is human transaction is founded on natural justice, honesty and right.
Roman
sense:
Equity in the Roman sense means a body of moral principles
introduced in the Roman law by praetor which constituted by the side of jus
civile (civil law).
English
sense:
Equity in the English sense means the body of the rules formulation
and administration by the court of the chancery to supplement or assist the
rules and procedure of the common law.
.jpg)
Posts
0 comments:
Post a Comment