A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

though technically legal. Equity is valuable in cases of breach of contract,
where its remedy of compelling specific performance can bflng about a fair
resolution. Where a contract has been signed, and it is discovered that the
parties' interests have been misrepresented, equitable judgment can be brought
to bear in having such a contract annulled. The application of equity in the
modem court allows fairness and good conscience to overcome complex legal
rules.
Equity originated as a general concept embracing faimess and
impartiality. Early judges employed its principles to mediate the strictutes of the
common law. In the Middle Ages equity evolved into a distinct court, which
eventually became mired in its own rigidity. The institution of Equity was
transported to several wuntries through the vehictes of calonialization and
settlement. Equity entered the Canadian North-West via a business venture,
and later was constituted as a side of Manitoba's superior court. Finally, Equity
became unserviceable as a separate entity, and it was reintegrated with
Cornmon Law to fom the new Court of Queen's Bench. Equity had corne full
circle and its ancient role, dispensing fair justice, had been reclaimed.