Common Law and Equity Prior to the Judicature Act 1873-75 on Fusion Fallacy The early development of equity categorized it as a separate system from the then existing common law. However‚ Lord Chancellor’s intervention gradually developed a distinct body of law called ‘equity’ which was well established by the fifteenth century. From then on‚ the Chancellor’s jurisdiction was exercised via what later becomes ‘court of Chancery.’ The existence of these two systems at times conflicted because of the
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Fusion or no fusion of equity and the common law at a substantive level 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. ‘There would sometimes be arbitrary
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THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA FACULTY OF LAW EQUITY AND TRUST 1 ESSAY DEADLINE FOR SUBMISSION: Friday‚ February 25‚ 2011 at 12 noon. ____________________________________________________________ ____________ QUESTION a. Using appropriate authorities discuss the disadvantages of separating law and equity. (No more than 1500 words) b. With the aid of relevant legal authorities outline the history‚ uses and purposes of Trusts. (No more than 1500 words) FORMAT FOR
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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 rules
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The Development of Common Law and Equity Common Law has been functioning in England since the 1250’s‚ two centuries after William the Conqueror defeated Earl Harold Godwinson in the Battle of Hastings in 1066 and became King. It was then in 1066 that Law began to be standardised. There were‚ however‚ problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court. As a result‚ the Court of Chancery was established and could provide whatever
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CUEA SCHOOL OF LAW General Principles of Equity I History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II UNIT 1 CONTENTS 1.0 2.0 3.0 HISTORY OF EQUITY 4.0 5.0 6.0 7.0 Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion Summary
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Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss‚ with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example‚ in one area you could get away with stealing‚ in another it would be seen as crime. There was no such thing as ‘ The English Legal System” until William’s
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Outline the development of common law and equity. Before common law and equity came into existence‚ there were only customs that protected the people and their rights. Customs can be divided into general customs and local customs. General customs are said to be the basis of common law because it is thought that after the Norman Conquest‚ judges who travelled around the land making decisions in the King’s name based at least some of their decisions on the common customs. Local customs only
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Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it‚ providing remedies for situations that were unavailable at Law. Because of this‚ Equity provided a dimension of flexibility and justice that was often times lacking because of the common law’s rigidity. This rigidity stems from the fact that‚ while courts sometimes altered their jurisdictions
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