The Equitable Doctrine by Lord Mersey Essay Example | Topics and Well Written Essays - 2500 words

The Equitable Doctrine by Lord Mersey - Essay ExampleThe reason for this disregard being, and remaining, alive is embedded in the fact that Human Behavior is incorrigible. From time immemorial the strong live with prevailed over the weak in more ways than one can conceive. Putting it mildly it has been called public opinion, while the advocated of downtrodden have declared it to be oppression. simply in all effects the manipulation continues as a manifestation of our nature. No doubt the Ontologists will gleefully wring their hands at the prospect to explain it, but let it rest for now, as this is not a philosophical discourse. The root of this infirmity lies in need. There always has been, and always will be a need by aroundone to borrow and a lender is always at hand to do the needful. This builds a case to be persuasive or oppressive, as the case maybe, and a clogging clause is gently obligate in the agreement. Normally suspicion does not enter the mind at this stage, as the mind is already clogged with the urgency of the need, So far so good, as the good old saying goes. But the government agency takes a dramatic turn, when by a stroke of fortune, or misfortune as some may say, the borrower wishes to shed the shackles he has been wearing for some time. Suddenly he is faced with an unbelievable situation that he has already surrendered his right to freedom. That he has chosen to remain a slave to his masters wishes dawns on him as rude shock, that there is a clause that prohibits the recovery of his security without penalties. It is a believe question that the legal profession in all its wisdom now takes over. The ever-eager legal beagles find their carbohydrate and butter, overlooking the fact that it was indeed someone from their brotherhood that had earlier patronized the introduction of the clog and gave it a legal status.