Law

Equity is an area of law which serves the purpose of easing the harshness of the common law.

Equity provides just remedies that are based on the rules of conscience, unlike the common law

which provide remedies based on the facts of law. Seeing that the rigid British common law was

imposed up on the countries of the commonwealth Caribbean, equity helps by cushioning the

harshness of the common law and thus making it easier for Caribbean people to cope with a rigid

legal system that was forced up on them.

Each equitable remedy that is used to settle a dispute is based on the maxims of equity. These

maxims are the general principles or rules which govern the way in which equity operates.

Equity does not suffer a wrong to be without remedy, this is probably the most known maxims

and simply means that no wrong should go undressed if it is capable of being remedied by the

courts. Although many plaintiffs would favour this maxim, like every arm of law, it has

limitations. A equitable remedy will no longer be provided; (1.if there is a breach of a moral right

only,(2.if the right and remedy both were within the jurisdiction of the common law courts,

(3.where due to his own negligence a party either destroyed or allowed to be destroyed, the

evidence in his own favour or waived his right to an equitable remedy. Other maxims include;

he who comes to equity must come with clean hands(means that to obtain an equitable relief the

plaintiff must himself be prepared to do equity), equity follows the law(equity follows the rules

of common law unless there is a good reason to the contrary), equity looks at the intent, not at

the form(equity looks to the reality of what was intended rather than the way in which it is

expressed) etc. These are just a few of the maxims applied when bringing forth equitable

remedies.

As stated above, equity is appreciated for the remedies it provides. These equitable remedies

include; Specific performance, the Mandatory order, the Freezing order, Rescission and
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rectification. Specific performance refers to the fulfilment of a contract. This remedy is often

used to ensure that the integrity of the contract is upheld and no party is cheated. Rescission is a

restorative remedy and is a substitute for damages. Rectification is the correction of an

incorrectly stated contract. The most requested remedies are injunctions; these are Mareva

Injunction and the Aton Piller Order. The Mareva injunction (1975), otherwise known as the

Freezing order, this is often used to stop the defendant from removing his assets from the

jurisdiction of the court. This injunction prevents the defendant from accessing their funds or any

mode of travel. The commonwealth Caribbean has incorporated this remedy into their legal

system as there is usually a lot of foreign investors who flock to the Caribbean for business and

they do not always have pure intentions. A injunction like this can serve to protect its citizens

from unscrupulous businessmen. Not everyone has the right to request this injunction, the

plaintiff must first satisfy the criteria ;( 1. A cause of action must exist at the time the order is to

be granted and the plaintiff must demonstrate a good arguable case, (2. The defendant must have

assets within the jurisdiction of the court,(3. The balance of convenience must be in favour of the

plaintiff being granted the injunction, (4. The plaintiff must establish that the defendant lacks

probity and that there is a real risk of dissipation of assets, (5. There has been no delay in

applying for the injunction. The Anton Piller Order (1976), also known as the Mandatory Order,

is a court order that gives the plaintiff or the plaintiffs legal representative permission to search

the defendants premises for evidence that is essential to the plaintiffs case. This is also a

equitable remedy that is often used in the Caribbean to ensure a fair and efficient trial.

Although equity is different from the common law, they have been incorporated into one legal

system, which works efficiently to uphold the rights of the people. The most important

distinction between common law and equity is the remedies each offers. These equitable
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remedies deals with fairness and conscience and so is very comforting for Caribbean people as

equity considers the customs and culture of the Caribbean people, thus providing better

remedies.