ABSTRACT
The notion of equity was fi rst articulated by Aristotle, who observed that laws are formulated in a general manner and intended to cover hypothetical cases. An actual case to which we apply the law may well differ somewhat from the hypothetical case contemplated by the lawgiver, and may not be covered by the law. Hence the judge must invoke equity to save the law from insensitivity, unfairness, or inappropriateness, by moderating and adjusting it to fi t the circumstances of the case being adjudicated. The principles of equity are general guidelines that by their very nature defy precise formulation, since their meaning and application vary with the cases to which they are applied, which cannot be predicted in advance.
