The Caribbean Legal System

Equity simply means fair, just, and reasonable. Back in the days they use to have the chancellor's darling, where normally you would go to the of law for an issue, and the court of law would provide a remedy; and if you are not satisfied then it goes to the chancellor. You will then petition lord chancellor to intervene in the decision of the court of law. Lord chancellor would the change the decision of the court, causing rivalry, and this is where the "judicature act 1873",came to fuse the beaches of laws which were, equity and law. Equity steps in when common law is unable to provide adequate remedy, for in such a case as; Audrey has a land and during marriage she and her husband build on the land, when time comes for a divorce they go to the court, and common would say everything belongs to Audrey because the title of property is in her name, however equity would say no; because Raymond contributed to the purchase price and also helped with the maintenance of both house and land, he will receive what he deserves. They are cases where equity won't step such as, where there is a third party, cause the rule of equity states "one must come to court with clean hands". Being that equity was developed hundreds of years ago, I strongly believe that it is a good thing because it provides reasonable rights for Litigants as a way to show fairness, whereby common law is unfair, in others (audi alteram partem) they do not listen to the other side they were unreasonable. However, there is a penalty for disobeying equitable 'common injunction ' such as, imprisonment for enforcing a common law judgement.

Brilanna shepherd
Caribbean legal system
Paralegal studies
5th October 2015