Commentary

6 Equitable interests in contrast with ‘mere equities’

CHOSES IN ACTION vol 7
| Commentary

6 Equitable interests in contrast with ‘mere equities’

| Commentary

6 Equitable interests in contrast with ‘mere equities’

The term ‘equity’ has several meanings. In one sense it simply means ‘justice’ (eg ‘he who seeks equity must do equity’). In another sense it means an entitlement to have justice done. Examples of the word’s use in this sense are ‘equity of rectification’, ‘equity to have a deed set aside for fraud’ or (the question asked by the courts of themselves in proprietary estoppel cases) ‘how can the claimant’s equity be satisfied?’1. The difficulty which bedevils this area of the law is that of deciding how far this ‘entitlement to justice’,

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