ABSTRACT
‘Equity is the branch of law, which, before the Judicature Acts 1873 and 1875 was applied and administered by the Court of Chancery.’F W Maitland, Equity: A Course of Lectures natural justice Rules applied by the courts and other tribunals designed to ensure fairness and good faith and affording each party the opportunity to fairly state his case. The system of equity includes that portion of natural justice which is judicially enforceable but which for various reasons was not enforced by the courts of common law. Originally, the expressions ‘equity’ or ‘rules of equity’ were synonymous with rules of justice and conscience. The eighteenth and nineteenth centuries witnessed great advances in the development of equity. Examples included a reform of the law relating to easements and mortgages, the development of the law of trusts, charities, partnerships, succession, bankruptcy and companies to mention a few.
