Article: Equity in the Common Law Courts

This article identifies four broad heads of jurisdiction where the common law courts applied the rules of equity or recognised equitable concepts. It also examines the limits of each jurisdiction and what generated and justified its growth and set its limits. From this one can better understand the actions and rules derived from these jurisdictions, particularly those governing contractual releases, common law tracing, and the common law actions against bribes and secret commissions. It will make developing the law further less error-prone. From it one can also better understand what justifies common law development, namely the stability and stability of any the previously created rules from whence further changes come, rather than whether their original justification still applies.