How is the principle of 'equity' best defined in UK law?

How is the principle of 'equity' best defined in UK law?

• A. It is a primary source of law
• B. It serves as an add-on to common law
• C. It overrides statutory law
• D. It replaces customary law

Answer: (B)

The principle of 'equity' in UK law is best defined as serving as an add-on to common law. This means that equity is not a primary source of law in itself, but rather complements and enhances the existing framework provided by common law. Equity emerged to address the rigidity and limitations of common law, offering remedies and principles that promote fairness and justice in legal proceedings. Historically, when common law was perceived to be unjust or inadequate in certain situations, parties could appeal to the Court of Chancery, which developed equitable principles. This resulted in equity providing flexibility in legal frameworks, enabling courts to consider the specific circumstances of cases and to deliver decisions that emphasized fairness, such as specific performance or injunctions. Thus, equity reinforces the existing legal system by filling gaps and providing more nuanced solutions that common law may not have been able to offer effectively.

The principle of 'equity' in UK law is best defined as serving as an add-on to common law. This means that equity is not a primary source of law in itself, but rather complements and enhances the existing framework provided by common law. Equity emerged to address the rigidity and limitations of common law, offering remedies and principles that promote fairness and justice in legal proceedings.

Historically, when common law was perceived to be unjust or inadequate in certain situations, parties could appeal to the Court of Chancery, which developed equitable principles. This resulted in equity providing flexibility in legal frameworks, enabling courts to consider the specific circumstances of cases and to deliver decisions that emphasized fairness, such as specific performance or injunctions. Thus, equity reinforces the existing legal system by filling gaps and providing more nuanced solutions that common law may not have been able to offer effectively.