It is the peculiar province, for instance, of a court of equity
to relieve against what are called hard bargains: these are contracts in which, though there may have been no direct fraud or deceit, sufficient to invalidate them in a court of law, yet there may have been some undue and unconscionable advantage taken of the necessities or misfortunes of one of the parties, which a court of equity
would not tolerate.
May Heaven forgive you, Hepzibah," said Judge Pyncheon, --reverently lifting his eyes towards that high court of equity
to which he appealed,--"if you suffer any ancient prejudice or animosity to weigh with you in this matter.
Les Byers put feeling in his forceful performance of Tam o' Shanter while Gordon Johnston, dressed as a judge, may well have just stepped out of the High Court as he narrated the Court of Equity
with aplomb and dignity.
Nevertheless, a beneficiary under a discretionary trust has an 'interest' to be considered as a potential recipient of benefit under the trust and a right to have his interest protected by the court of equity
," the response states.
The conception of the Court of Session as a court of equity
, exercising powers of nobile officium (the power to hear claims of injustice in the last resort when other remedies prove inadequate), played a prominent role in justifying such actio popularis proceedings in the eighteenth century.
81) And it is equally clear that the commissioners exercised what we would now call "judicial power": they had the authority to issue the certificate necessary for discharge of the bankrupt, inexorably affecting the property and contract rights of the parties, (82) albeit subject to confirmation by a court of equity
Thus, a litigant may be denied relief by a court of equity
on the ground that his conduct has been inequitable, unfair and dishonest, or fraudulent, or deceitful.
The unclean hands of Taupa is a vital consideration in this court of equity
," Ashmore wrote.
67) In Narmada Bachao Andolan, the SCI held that, 'a person seeking relief in public interest should approach the Court of Equity
, not only with clean hands but also with a clean mind'.
C&J Energy also addresses the Court of Chancery's role as a court of equity
with broad discretion.
First, as a court of equity
(that can also grant monetary relief as part of its clean-up jurisdiction), it is an expert in evaluating requests for equitable relief and crafting injunctions.
trust actions could properly be brought in a court of equity
, but many