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The state constitution also provides that state courts may act as both courts of law and courts of equity.
Meanwhile, courts of equity and courts of common law developed and were given authority to govern civilians.
In these last two situations, the courts of equity developed further principles of liability that could be applied even when a trustee had gone bankrupt.
The law of cestui que tended to defer jurisdiction to courts of equity as opposed to common law courts.
The courts of equity could not bring themselves to decide against a totally innocent (without notice) purchaser.
Courts of equity often use a monetary calculus to judge hardship.
But courts of equity were hesitant to do so.
As a remedy originating in the courts of equity, this right to rescind could be lost, in four situations that courts regard as unfair to allow a claim.
Parallel to the slow development of common law duress, the courts of equity allowed escape from a contract if any form of undue influence was used against a contracting party.
If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt.
