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Equity (law)

In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery,[1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter.[2] Conceptually, equity was part of the historical origins of the system of common law of England,[2] yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity.[2]

This article is about the area of law. For remedies offered by this area of law, such as injunctions and specific performance, see equitable remedy. For other uses, see Equity.

Equity exists in domestic law, both in civil law and in common law systems, and in international law.[1] The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Roman law (aequitas).[1][3] Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law.[1]

the law relating to , resulting, and constructive trusts;

express

;

fiduciary law

(including promissory and proprietary estoppel);

equitable estoppel

relief against and relief against forfeiture;[8]

penalties

the doctrines of , subrogation and marshalling; and

contribution

equitable .

set-off

Recovery of possession of immovable property (ss. 5–8)

Specific performance of (ss. 9–25)

contracts

Rectification of instruments (s. 26)

Recession of contracts (ss. 27–30)

Cancellation of instruments (ss. 31–33)

Declaratory decrees (ss. 34–35)

(ss. 36–42)

Injunctions

Cockburn, Tina; Shirley, Melinda (14 November 2011). Equity in a Nutshell. Sydney: Lawbook Co.  978-0455228808.

ISBN

Cockburn, Tina; Harris, Wendy; Shirley, Melinda (2005). Equity & Trusts. Sydney: LexisNexis Butterworths.  0409321346.

ISBN

For a history of equity in England, including the Statute of Uses 1535:


For a general treatise on Equity, including a historical analysis:


For a brief outline of the maxims, doctrines and remedies developed under equity:

Archived 2014-04-07 at the Wayback Machine, the classic common law text on equity.

Christopher St. Germain's Doctor and Student (1518)

Delaware Court of Chancery: Official site

Hudson, Alastair, 5th edition, Routledge-Cavendish, London, 2007 ISBN 978-0-415-41847-8

Equity and Trusts