origins of equity

Origins and Nature of Equity

Some parts of equity you may recognise. You will have come across it in Contract, breach (remedies) and it also relates to co-ownership issues in property law.

Equity is a little bit difficult to get used to as a concept- it is thus easier to briefly examine its origins and history. Until the Judicature Acts were passed in the 1870s, Equity was a separate jurisdiction. Since then it is no longer a separate/supplementary jurisdiction but rather has developed through the common law.

Before the Judicature Acts, Equity was applied and administered by the Court of the Chancery. In the 14th/ 15th Centuries, if an individual had a common law action he went to the Common law courts for redress. If his grievance was not resolved by the common law, he had to turn to the Chancery Courts for redress- for example, if he wanted damages, he sought them at common law but if an injunction was desired, he had to look to Chancery. Chancery offered specific performan...