ABSTRACT
Today, it would not be accurate to correlate ‘equity’ with ‘justice’ for rules of equity have become settled in much the same way as the common law.
In the 13th century, the available writs covered a narrow ground – even if a claim came within the scope of an existing writ, the plaintiff may not achieve justice before a common law court, for example, in an action commenced by the writs of debt and detinue, the defendant was entitled to wage his law. In addition, a great deal of unnecessary intricacies were attendant on the pleadings. The pleadings were drafted by experts and the rule in those days was that an incorrect pleading invariably led to the loss of the claim. Moreover, only damages was available as a remedy at law. There were numerous occasions when this remedy proved inadequate.
