History of Equity

This lesson provides a basic history of equitable remedies. The student need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in courses where equity is especially relevant or to review the history of equity for use in a remedies course.

The lesson will not examine doctrines of substantive equity (other than to note their existence) nor will the lesson explore the prerequisites for obtaining, defending against, or enforcing equitable remedies.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define a writ.
2. Discuss why the powerless in society would have been without effective remedies were it not for the Chancellor's equitable powers.
3. Explain the flexibility that Chancery had.
4. Analyze how the system of rules and remedies that grew out of the historical Chancery court we know today as Equity.