Essay on Common Law and Equity - 1708 Words.

In equity there are injunctions, specific performance, Compensation, rescission, rectification and more. But in common law there are only Damages and common law tracing. Mainly equity had to supplement the common law as common law didn’t have appropriate remedies and no adequate writ system. Moreover new equitable remedies were invented and.

The contentious debate concerning the fusion of the Common Law and Equity has been a prolonged historical and judicial issue amongst legal scholars. The polarized opinions concerning the extent to which Common Law and Equity can be fused, or whether the fusion is a fallacy, were instigated following the introduction of.

Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts, there has been a lot of controversy over whether to fuse both equity and common law.There are valid arguments both for and against fusion.Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created by equity’s intervention in law.

Introduction I have been asked to write a essay on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions.

For a long time, the two structures of common law and equity ran uncomfortably side by side. Until 1615 it was by no means established which one was to prevail in the event of a dispute. Yet, even after that year the inconsistency between the two systems continued for a very long time. After the restructuring of the English court system in 1865.

Common law was based on the customs and traditions that governed England, and the royal courts were in charge of ensuring the proper administration of these laws. The law of equity is a set of rules created by the courts of Chancery in order to mitigate the harshness of the common law system.

Essay about Common Law and Equity - Common Law and Equity In very early times - before King Alfred (849-899), there was no system of justice, which applied to the whole of the country. The population was not ruled by a single monarch, transport and communications were available to very few and no law books were available, however, the.

Common Laws are laws that have come about of been enacted based on court rulings. These laws are developed based on rulings that have been given in older court cases. Common laws are also known as case law or precedent. Equity is a branch of law that was developed as a supplement to the strict statutory laws that may provide too harsh punishments.

Common Law and Equity Essay - Common Law and Equity Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law. What are the defects of common law, and to what extend equity have been created. From the development of common law and equity, what has been the effects of the Judicature Acts.

The contrast between the development of equity and the common law According to Maitland, Equity is described as “That body of rules administered by our courts which, were it not for the operation of the Judicators Acts, would be administered only by those courts which would be known as courts of Equity”. Back then it would.

Development of common law and equity Introduction I have been asked to write a essay on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions.

The differences between common law and equity Essay Sample. Common law evolved over time as a judge made law (according to doctrine of precedent.) In common law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules based on customary law was gradually.