Christian Charity and Equity By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar Equity makes an Equitable Exception from a general legal rule based upon need when there is no adequate remedy at law. There is no adequate remedy at law when there is an injustice at law. Equity favors the poor, the working poor, the disabled, the mentally ill, children, and the elderly.
However, another rule of Equity is that “Equity
is as Equity does.” This means that a person is only entitled to Equity if the person believes in Equity for himself, and for others who are also in need and who believe in Equity. Equity must be distinguished from Christian Charity. Christian Charity, or Epikea, makes an equitable exception based upon need, even when the person does not believe in Equity. The only exception to the foregoing is where the person is a minor or incompetent and does not have the mental ability to understand Equity. In this case the person is entitled to Equity in any event.