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June 11, 2020
Case Analyses
June 11, 2020

Equity and Trust

Order Description
“Equity is no part of the law, but a moral virtue, which qualifies, moderates, and reforms the rigour, hardness, and the edge of the law, and is a universal truth; it does also assist the law where it is defective and weak…. and defends the law from crafty evasions, delusions, and new subtleties intended as contrived to evade and delude the common law, whereby such as have undoubted right are made remediless; and this is the office of equity, to support and protect the common law from shifts and crafty contrivances against the justice of law. Equity therefore does not destroy the law, nor create it, but assists it.”

Sir Nathan Wright , Lord Dudley v Lady Dudley (1705) Prec.Ch. 241 at 244.

In the form of a short journal article, critically consider whether this statement made by Sir Nathan Wright in 1705 is an accurate and apposite observation of Equity today.