Equity XI
Equity,
if anything, seeks to achieve a balanced legal system by remedying the defects
of the common law and this aspect of equity is defined by the German
philosopher Hegel (Georg Wilhelm Friedrich Hegel, 1770 – 1831).
“Equity
involves a departure from formal rights owing to moral or other considerations
and is concerned primarily with the content of the lawsuit. A court of equity,
however, comes to mean a court which decides in a single case without insisting
on the formalities if a legal process or, in particular, on the objective
evidence which the letter of the law may require. Further, it decides on the
merits of the single case as a unique one, not with a view to disposing of it
in such a way as to create a binding legal precedent for the future.”
In
short equity decides each case on its merits, taking into account what is fair
and just, and does not create and nor does it intent to create, a binding
precedent.
Copyright
© 2019 by Dyarne Jessica Ward
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