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2 Found helpful • 5 Pages • Essays / Projects • Year: Pre-2021
The concept of equity derived in order to balance fair results in some individual circumstances. In the past, there were some strict decisions in English common law. Mainly equity was there with the idea of mitigating rigors of common law. Because of some decisions in common law, people were subjected to injustice. The decisions in common law were given according to the rules developed by the court or the statutory provisions. So, they were permanent and judges were bound by those. But it was completely different in equity. People had the “right to petition the King directly if it was thought that the decision of common law court was unfair and unjust". As King had lot of work he diverted those cases to Chancellor who is actually a politician. So, he was not bound by any of the strict binding rules so he had his wider discretionary powers when declaring a decision. So, there is no doubt that his decisions were based on his conscience. As mentioned earlier equity was mainly based on the individuals, so if an unconscionable conduct happened to them equity supported them to have a fair result because in most of the circumstances common law did not provide a fair result. There were two main categories of cases which were referred to the chancellor.
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