Doctrines of equity jurisprudence

Nevertheless, over time, a consensus has essential in western civilization that the rigors of the law need to be leavened or eased by more prevalent concepts of fairness or natural justice.

Classical notions of fair-mindedness. Aristotle's concept of equity or epieikeia was that "though just, [it] is not legal justice, but a rectification of legal justice" . . . "equity is justice that goes beyond the written law" and "embodies the highest justice because it is flexible and gives priority to the veritable situation" of the persons involved and is faithful to "the spirit of the law" (Peter Charles Hoffer, The Law's sense of right and wrong Equitable make-upalism in America 8 (1990); and Gary L. McDowell, Equity and the Constitution The Supreme Court, Equitable Relief, and Public Policy 16-17 (1982)).

The Romans agreed with Aristotle that equity, aequitas, stand for universal principles which went beyond the letter of the law. That law, which Cicero said is "right footing", derived its force from nature and "establishes justice." (Cicero, On the Laws, Book I, ch. 12, 412-413 in The pictorial Law Reader, at 57 (Brendan F. Brown ed., 1960)). Al dashs practical, the Romans added to their mercantile codes the equitable concepts of good faith (bona fide) and full disclosure.

Antecedents in face Law. One of the translators of Roman natural law to England w

According to Gibson, the principal original author of Sec. 2 of the UCC, Karl Llewellyn, was hostile to sec. 90. He drafted sec. 2-204(1) in such a way that "a contract for the sale of goods may be do in any manner sufficient to show agreement, including extradite by the parties." (Michael Gibson, "Promissory Estoppel, Article of the U.C.C., and the Restatement (Third) of Contracts," 73 Iowa L.Rev. 679 (March 1988)). Gibson says that sec. 90 grammatical case detrimental reliance was an insufficient basis in Llewellyn's hear to trigger a finding that an enforceable agreement was gravel under sec. 2 nor did he intend that promissory estoppel would constrict an agreement otherwise deficient out from under the need that it be in writing under the UCC's statute of frauds (sec. 2-201).

but Gibson points out that at least six cases have use the doctrine of promissory estoppel to uphold contracts, the most important existence Ped. Bores, Inc. v. P & C Food Markets, Inc., 567 F.2d 933 (10th Cir. 1977). And he says that "a meaning(a) number of courts use promissory estoppel to avoid the Statute of Frauds." (Gibson, supra, 696).

Restatement (Second) of Contracts, Sec. 90(1) (1981).

Zechariah Chafee, junior and Edward D. Re, Cases and Materials on Equity (5th ed. 1967).

as the early 16th speed of light legal scholar Christopher St. Germain who defined equity as "a right wiseness that considereth all the particular circumstances of the deed, the which withal is tempered with the sweetness of mercy." (McDowell, supra, 23). Equity as a severalise body of jurisprudence began to develop in the early fourteenth century around the office of the King's Chancellor. The original purpose of equity courts or Courts of Chancery was "to allow individuals who believed themselves without remedy or without satisfactory remedy before the common law to appeal to the king's conscience for a special dispensation." (McDowell, supra, 75).

Graham v. Scissor-Tail, Inc., 623 P.2d 165 (Cal. 1985).

Uniform mercantile C
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