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Subscribe to my personal channel for videos on how to study law effectively & efficiently: / @heygarethevans Equity draws on principles of 'fairness', 'justice', 'morality' and 'ethics'. Underlying all these is the principle of 'conscionability'. It is said to moderate the harshness of the Common Law. These were the foundational principles of equity Everything in equity is underpinned by conscionability. “The idea is that a sort of sclerosis of the common law had set in, as a result of which it failed to adapt to new developments in society and economy, and the Chancery provided remedies for these problems”
Equity is founded on these principles but, like the law, it depends on precedent. It is necessary to understand its development to appreciate how equity works. So, like the law it is based on precedent and it is NOT discretionary
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SEE MY VIDEO ON LEGAL AND EQUITABLE RIGHTS ➡️
• Legal vs Equitable Int...
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