Equity: Common Law Courts
CUEA SCHOOL OF LAW
General Principles of Equity I
History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II
UNIT 1
CONTENTS 1.0 2.0 3.0
HISTORY OF EQUITY
4.0 5.0 6.0 7.0
Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion Summary Tutor-Marked Assignments References / Further Reading
1.0
INTRODUCTION
This is an introductory unit. It introduces us to the law of equity and how it was developed in the court of Chancery in England. There is a wealth of literature on equity jurisprudence; its origin, development and the part it has played in those countries having the common law as the foundation of their legal systems. From its origin to the present period, equity has been kept under strict and constant surveillance. Its origin and development have been emphasized and its main principles have been amplified all in a determined attempt to ensure that the principles of equity do not fall behind society’s immediate needs and aspirations. Equity came to mitigate the rigours of the common law.
2.0
OBJECTIVES
(i) (ii) (iii) Trace the origin of equity; Explain the notions of conscience; and Differentiate Equity from the common law.
By the end of this unit you should be able to:
3.0 3.1
MAIN CONTENT Law and equity
4
Definition
The word ‘equity’ literally means fairness. Equity is defined in the Oxford Advanced Learner’s dictionary 6th edition as “a system of natural justice allowing a fair judgment in a situation where the existing laws are not satisfactory”. To a layman, the question ‘what is equity?’ does not create any difficulty. It simply means right doing, good faith, honest and ethical dealings in transactions and relationships. Conception of the term ‘equity’ in this
General Principles of Equity I
History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II
UNIT 1
CONTENTS 1.0 2.0 3.0
HISTORY OF EQUITY
4.0 5.0 6.0 7.0
Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion Summary Tutor-Marked Assignments References / Further Reading
1.0
INTRODUCTION
This is an introductory unit. It introduces us to the law of equity and how it was developed in the court of Chancery in England. There is a wealth of literature on equity jurisprudence; its origin, development and the part it has played in those countries having the common law as the foundation of their legal systems. From its origin to the present period, equity has been kept under strict and constant surveillance. Its origin and development have been emphasized and its main principles have been amplified all in a determined attempt to ensure that the principles of equity do not fall behind society’s immediate needs and aspirations. Equity came to mitigate the rigours of the common law.
2.0
OBJECTIVES
(i) (ii) (iii) Trace the origin of equity; Explain the notions of conscience; and Differentiate Equity from the common law.
By the end of this unit you should be able to:
3.0 3.1
MAIN CONTENT Law and equity
4
Definition
The word ‘equity’ literally means fairness. Equity is defined in the Oxford Advanced Learner’s dictionary 6th edition as “a system of natural justice allowing a fair judgment in a situation where the existing laws are not satisfactory”. To a layman, the question ‘what is equity?’ does not create any difficulty. It simply means right doing, good faith, honest and ethical dealings in transactions and relationships. Conception of the term ‘equity’ in this
References: the defendant to prove the acquiescence. See Alade v. Aborishade (1960) 5 F.S.C. 167, 171; Odunsi v. Kuforiji (1948) 19 N.L.R. 7. See also Unity bank Plc v. Nwadike (2009) 4 NWLR (Pt. 1131) p. 352.