Modern equity: At the edge of formal reasoning?
Publication Type
Book Chapter
Publication Date
11-2019
Abstract
Equity, in its inception, was more inclined than the common law towards substantive reasoning – with reference to conscience, moral reasons and circumstances of the case. Ecclesiastical Chancellors did not consider themselves bound by precedents. These features of early equity may be explained by its historical function to supplement common law and mitigate its harshness. The concern was with ensuring that justice was achieved in each case, particularly where the dispute could not be adequately dealt with by common law. Equity nevertheless progressively retreated towards formal reasoning – characterised by rules, fixed criteria and strict application of stare decisis principles – in conformity with the English vision of ‘law’.
Discipline
Commercial Law | Common Law
Research Areas
Private Law
Publication
Form and Substance in the Law of Obligations
Editor
Andrew Robertson, & James Goudkamp
First Page
129
Last Page
158
ISBN
9781509929450
Identifier
10.5040/9781509929481.ch-010
Publisher
Hart Publishing
City or Country
Oxford
Citation
YIP, Man.
Modern equity: At the edge of formal reasoning?. (2019). Form and Substance in the Law of Obligations. 129-158.
Available at: https://ink.library.smu.edu.sg/sol_research/3085
Additional URL
https://doi.org/10.5040/9781509929481.ch-010