Common Law is the body of customary law which. If the common law does not provide a remedy in a specific situation equity ensures that fair results are reached.
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Describe the development of common law in England explain the reasons for the growth of equity describe the contribution made to the law by equity understand the nature of a trust distinguish between rights in law and rights in equity explain the doctrine of notice and describes the reasons why land law was reformed in.
. Common law is the out come of courts decisions and their interpretation based on their. Examples of claims at Common Law. English common law was instituted in the legal courts.
Someone who steals a computer for example might be. Ad Browse Discover Thousands of Law Book Titles for Less. That is why it is necessary to discuss such code of laws as the Common Law.
Equity cases however are typically heard only by a judge who passes judgment on the case which can take the form of action or cessation of action by one party. Trust is controlled by the laws of equity and it arises from common law which is very often in a challenge and versatile series of events. This situation means complicated areas from topics of formalities constitution of trusts and covenants to handle.
Equity had created a number of remedies as and when there had been a need to achieve fairness and justice. Between common law and Equity are profound and bridging them requires not just translation but also a kind of transliteration. The common law and equity eventually got fused together by the Judicature Act 1873-75 which means that both common law and the Court of Chancery are now unified and there were no longer different courts and procedures for those seeking equitable and common law remedies.
The chancellor appointed by the King preside the same. Equity is a separate system of law from the Common-Law. Common law courts decide cases based on customs and judicial precedents.
During the Norman period of history the country was ruled by the body named Curia Regis Kings Council which possessed juridical power and dealt with. Get Access to the Largest Online Library of Legal Forms for Any State. Create a Common Law Agreement by Yourself in 5-10 Minutes.
Everyone knows that the incidents of an Equitable interest in property are fundamentally different from the incidents of a common law interest in property. The judges supervised being the spring and defender of the law. They are often used to supplement the system of common law and award damages.
Common law and equitable right has two different function in that common law establishes general rules which provide certainty while equitable rights acts as a check and balance of common law. Equity does not discredit the rules of common law and applies statutes as passed by the Parliament. Andre Burrows maintained that equity and law are.
The creation of equity The creation of equity is closely related to the foundation and the development of the common law. Ad Professional Fill-in-the-Blanks Common Law Paperwork. Thus to understand the principles on which the Law of Equity is based we must understand its origin and the reasons for its requirement despite the presence of a system of law ie.
Equity is the name given to the set of legal principles in countries following the English common law tradition see English law which supplement strict rules of law where their application would operate harshly so as to achieve what is sometimes referred to as natural justice. Ad Real Estate Family Law Estate Planning Business Forms and Power of Attorney Forms. After reading this chapter the reader should be able to.
Equity is natural justice that intervenes when the application of the rigid rules of common law results in unfair outcome. Both systems thus have distinct features. This arises from the strict application of the common law.
This fundamentally changed owing to the civil rights of English citizens to appeal a common law verdict to the king. Most cases in common law are heard by a jury with a judge as arbiter and decisions can result in punishment or financial restitution. The rewards of such an exercise however would be rich.
Conversely equity is rooted from the Courts of Chancery. These remedies are discretionary and not automatically granted. The conclusion is that equity came into existence to fill gaps in and supplement the common.
It has different rules principles and remedies. Equity allows courts to make decisions based on natural law. The only common law remedy available is damages while equitable remedies include injunctions and specific performance.
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