Equity IX
Those
that were disappointed or those that were denied justice however were not
without recourse and they began petitioning the king who is the highest
authority in the kingdom appealing to his sense of justice and fair-play.
Equity itself is synonymous to justice and fair-play and the word simply means
fair and impartial.
Initially
the king dealt with the petitions himself but as the number of petitions
increased the task was delegated to the Chancellor who became known as the
keeper of the king’s conscious. When a litigant seeks an equitable remedy, he
or she is in fact appealing to the conscious of the king. The Chancellor, on
behalf of the king, decided the cases on what was morally right, and it would
be fair to say that equity blurs the lines or the distinction between what is
morally right and legally right and while it is common enough to hear people
say that what is morally wrong is not legally wrong, English Law is not so cut
and dry especially in cases and instances that concern minors, or where there
is clear evidence of oppressive or suppressive behavior.
It
is important to note that because equity came about to remedy the inability of
the common law to provide a just and fair solution, if there is a conflict
between common law and equity, equity will prevail. This is simply because,
more than anything, equity is concerned only with what is right.
Copyright
© 2019 by Dyarne Jessica Ward
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