Equity
The equitable rules in the English law have been wondered by many – what is their origin, where do they come from and how did they develop. Even the modern day equine insurance policies are coming from the developments in the Equity of the United Kingdom.
Firstly developed in Middle Ages, equity took its peak as a nwe theory of law application in the middle of the 16th century when people such as the promising Lords holding the Chancery seal were repaiting themistakes of the common law. For example, many people could easily afford protection of the law just because they had wealth – thus simple paying for your wrongs will not estopp you from comminttig that wrong again. This is how the doctrineof injunctions developed – the equity of injuction was designed not to ensure payment from people for their wrongdoing, but ensuring that the wrongdoer will not simply rely on payment and break the law again. This contracts in the ancient days were easily observed and common law was supported by a wholly new system that would bring legal order in the realm.
After the fusion of common law and equity, not only the Lord chancellor can apply the quitable remedies to common law situations. In the end of 19th century, the English realised that they cannot maintain just distribution of justice and order without enforcing equity. This is how the modern day of mortgage, contracts, equitable easements and rights in the land were developed by application of equitable doctrines by all courts in the country. A good result was achieved – today we call it justice delivering process and we refer to it as the ultimate arbiter of out actions and omissions.
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