Topic 1: Definitions

Question 1

Equity (Earl of Oxford’s Case)

Answer 1

“The Office of the Chancellor is to correctMens Consciences for Frauds, Breach of Trusts, Wrongs and Oppressions, of what Nature soever they be, and to soften and mollify the Extremity of the Law, which is calledSummum Jus (extreme application of the law)…”;

Question 2

Fusion Quote - Salt v Cooper

Answer 2

George Jessell MR in Salt v Cooper (1880-1881) LR 16 Ch D 544
“It was not fusion, or anything of the kind: it was the vesting in one tribunal [of] the administration of law and equity in every case, action or dispute which should come before that tribunal …That was the meaning of the Act. Then as to the very small number of cases in which there is an actual conflict, it was decided that in all cases where the rules of Equity and Law were in conflict, the rules of Equity should prevail.”
“The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters.”

Question 3

Equity developed to be the application of a fixed body of doctrines and principles - ended up being just as rigid as common law.
Palm Tree Justice:

Answer 3

“Equity is a roguish thing; for Law, we have a measure, know what to trust to; Equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. ‘Tis all one as if they should make the standard for the measure we call the Foot, the Chancellor’s foot: what an uncertain measure would be this. One Chancellor has a long foot, another a short foot, a third an indifferent foot: ‘tis the same thing in the Chancellor’s Conscience.”