September 19, 2019 Feature

The Equitable Maxims: A Primer

By Raighne Delaney and Juanita Ferguson

According to legend, when an English landowner went off to fight in the Crusades, he might convey his lands to a trusted person, who would manage the estate during his absence with the agreement that the trusted person would return the lands when the Crusader returned. Unfortunately, when the Crusader returned, the trusted person might not return the lands. The law had no remedy for the Crusader’s misfortune. Nevertheless, the king chose to refer such complaints to his lord chancellor, who would decide the cases according to his conscience. Thus, equity was born.

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