Earl of Oxford's case

Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law. The Lord Chancellor held: "The cause why there is chancery is, for that men's actions are so diverse and infinite, that it is impossible to make any general law which may aptly meet with every particular act, and not fail in some circumstances." The judgment stresses that the legal position for chancery (equity) is tempered to dealing with voids (lacunae) in the common law, a principle regularly asserted in the courts of appeal as "equity follows the law", one of the maxims of equity which taken together impose many limits on the eligibility of cases and applicants.

Source: Wikipedia — Earl of Oxford's case (CC BY-SA 4.0)

Earl of Oxford's case

Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law. The Lord Chancellor held: "The cause why there is chancery is, for that men's actions are so diverse and infinite, that it is impossible to make any general law which may aptly meet with every particular act, and not fail in some circumstances." The judgment stresses that the legal position for chancery (equity) is tempered to dealing with voids (lacunae) in the common law, a principle regularly asserted in the courts of appeal as "equity follows the law", one of the maxims of equity which taken together impose many limits on the eligibility of cases and applicants.

Source: Wikipedia "Earl of Oxford's case" · CC BY-SA 4.0

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