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Equity - Origin and Development

By Rahul Sood

Published In

Air 2003

The Origin of Equity The origin of Equity can be traced back to the end of 13th century during the period of Norman Conquest in England. In England the original law was the Common Law — it was based on the common customs of the country which were administered by Common Law Courts. The Administration of Justice in Common Law Courts was based on the maxim ibi remedium ubi jus, which meant that where there is a remedy there is a right. Common Law was known as law of remedy rather than the law of right. This resulted in curtailing the remedies available to the complainant under common law and because of this injustice was done to the people. Gradually Common Law became a body of rules that provided limited remedy and which was incapable of growth. Towards the end of 13th Century, Administration of Justice by Common Law Courts reached new pinnacles as the King’s Bench, the Court of Common Plea and the Exchequer were established. At the head ....

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