Friday, May 4, 2012

Equity

Equity is a form of law discovered by the Court of Chancery of England. When the Common Law fails to give the result, the equity starts its journey from that point. There are various situations arrive when there are no solutions in the Common Law. But let not the accused go without any punishment. At first it was the discretionary power of the judges to give judgement in that case. But then slowly equity got the uphold. Now the Equity court is separate from the Common law court. But in subcontinent it is merged. Equity follows the law. This is a maxim of a equity. Equity will not controversial to the prevailing law. Equity is equality. Where there is no equality, there is no equity. Specific performance of contract and Injunction are the two most important invention of the equity. Common law does not support the specific performance of contract. Breach of contract will be punished according to the ground of the contract. Where as specific performance will be executed according to the exact declaration of the contract. 

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