Biloela family case needs to weigh up what’s equitable - CQ Today

When Shakespeare wrote the Merchant of Venice, England had separate courts for the administration of the law and equity. The court of law judged matters on the basis of the ‘common law’ or precedent of England. The Court of Equity (or Chancery) made decisions when the strict application of the common law would lead to harshness or inequity.

Shylock, a moneylender in the Merchant of Venice, demanded the strict application of the law, “to have the due and forfeit of my bond”, in his demand for a pound of flesh, when Antonio couldn’t repay a loan. Antonio’s wife, Portia, pleaded for mercy against the strict application of the law, saying in a famous speech, that mercy “blesseth him that gives and him that takes”.

Showing 1 reaction

Please check your e-mail for a link to activate your account.



get updates