In common law, what main aspect distinguishes Equity?

Equity in common law is distinguished primarily by its emphasis on fairness and justice rather than strict adherence to established legal codes or formalities. This branch of law was developed to address situations where the rigid application of common law would lead to unjust outcomes.

The fundamental principle of Equity is to provide remedies that are just and fair, thus prioritizing outcomes that reflect fairness over procedural technicality. This means that in situations where the law might offer a remedy that seems inadequate or unjust, courts of Equity can intervene to provide solutions that are more equitable, such as injunctions or specific performance instead of merely monetary damages.

Moreover, the focus of Equity is to achieve just outcomes tailored to the specifics of each case, rather than strictly applying precedent or similar legal rules that might result in unfair treatment of individuals. This distinction is crucial in the practice of law, particularly in British Columbia, where both common law and Equity coexist and operate together to ensure justice is served appropriately.