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‚ it was decided that in the event of a conflict between the common law and equitable principles‚ equity must prevail. The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity. Accordingly
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a major problem of the common law courts was the fact that the only remedy they could give was ’damages’ that is monetary compensation. In some cases this would not be the best method of putting matters right between the parties‚ therefore equity provided other equitable remedies. Equity can also be said to have made the law more fair by its mode of operations which includes a series of maxims. This maxims are called equitable maxims and they include : -Equity looks to intention and not the form:
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details of a claim. They were issued to create new rights and encourage business however over time they became too formal and beset with technicalities such that claims would only be accepted if they fit into an existing writ. The rule was “no writ‚ no remedy” for example a writ to trespass was only valid if it consisted of use of arms and force if the two were not met one had no claim. If a writ was obtained judges spent more time examining the validity of the writ other than the merits of the claim.
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are both legal and equitable remedies available to both the plaintiff and the defendant in a case. The remedy provided depends upon the type of case being decided; for example‚ whether the case is of the civil or criminal nature. A legal remedy often enforces a right‚ imposes a penalty‚ or makes another court order to impose its will. Examples of a legal remedy include restitution paid to the victim of a crime or the imposing of a prison sentence upon a defendant. Equitable remedies are distinguished
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dynamic and adaptable system to one that was very well formalised‚ inflexible and inadequate. Among the defects of the common law was the limited writs availability which was also expensive. Another disadvantage of the common law was that the only remedy then was damages. Damages mean monetary compensation and that was often inadequate. Due to the problems of common law hence came the existence of the principles of equity. Equity means fairness and it refers to the specific set of legal
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has the option to buy Locke House from Ruth and their agreement forms an estate contract‚ an equitable interest in the land of Locke House and at the discretion of the courts has specific performance available as a remedy. Using Hilary’s estate contract with Ruth which gives her a proprietary right we can move to examine any equitable ownership Hilary may have of Locke House. Despite being an equitable right in land and available when the legal formalities have not been followed to create a legal
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Outline the development of common law and equity. A The Law in England didn’t come about all at once‚ but has developed over the centuries. There are 5 different sources of law: Customs‚ Judicial decision‚ Acts of Parliament‚ Delegated Legislation and‚ most recently‚ European Law. However‚ new law is still being created today. The law as we know it today all started in 1066‚ when William the Conqueror invaded England. He found a country with no single system of law‚ just sets of customary
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has been produced. Common law is the basis of our law today. It is an unwritten law that developed from customs and judicial decisions. However‚ common law was very technical and had a lot of loopholes as it was operated by the writ system and the remedies given were only damages. Therefore equity‚ which means ‘fairness’‚ was created by Lord Chancellor and Chancery courts to overcome any problems associated with the common law‚ because of the right justification it was thought to give. As it was
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Equity in India 19 11. Conclusion 20 12. Bibliography 21 CHAPTER-1 Introduction In law‚ the term equity refers to a particular set of remedies and associated procedures. These equitable doctrines and procedures are distinguished from "legal" ones. Equitable relief is generally available only when a legal remedy is insufficient or inadequate in some way. This could be when a claim involves a particular piece of real estate‚ or if specific performance is the relief requested
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major difference between common law and equity can be found in the type of their respective remedies. In common law‚ plaintiffs who can make out a good cause of active are entitled to remedies. In equity‚ the remedies are discretionary; this means if a judge think the plaintiff has come to court with some guilt of misconduct in the cases circumstances‚ the judge has the authority to refuse or not grant any remedies. A valid contract is a legally enforceable agreement‚ giving obligation to the parties
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