Equity to the layman means fairness and justice, but in the legal context its meaning is much more strictly defined. There are rules of equity; it must obey the rules of precedent as does the common law1. Though the foundation of the equity can be trace back to the Norman Conquest (1066), its impact today remains as strong as ever…
When the common law developed the strictures of the writ system through the twelfth and thirteen centuries and failed to develop further remedies. By thirteen century aggrieved litigants to petition to the chancellor to find a more just solution to their problem. Chancellor was trying to give relief in hard cases, and the medieval chancellor was peculiarly well fitted for this work. Chancellor was usually an ecclesiastic. If the petition was successful, the chancellor's conclusion would usually be different from that which the common law court would have reached; otherwise the matter would have been litigant at common law. As a consequence of growth of these petitions, the Court of Chancery had developed, where the decisions were made on the basis of fairness and reason. Thus the notion of 'equity' was established as a precise jurisdiction.
The common law tradition grew in to the ELS3 through a long process of rationalization of traditions, customs and local practices among other different elements most occurring in the medieval time. The Anglo-Saxon customs were there before the Norman Conquest, but afterwards were joined with Royal Justice in a consolidation of 'local laws' and a vast body of judicial decisions have been built up which forms much of the present law. The common law has developed by the judges during the centuries immediately after the Norman Conquest. Customs have long influence since ceased to be any major significance in forming new laws.
Slapper, G. and D. Kelly (2006) said that the common law system develops whereby a civil dispute had to be brought before the appropriate Royal Court by a writ. A claimant could only sue at common law if his complaint came within the scope of an existing writ. In the thirteen century available writs covered very narrow ground. Even if the claim came within the scope of an existing writ, it may have been that for some reason, such as the power and influence of the defendant, his opponent could not get justice before a common law court. Latter the petition was used to obtain relief in cases where the common law was inflexible and incapable of providing a remedy. Hanbury & Martin (2005) argued that the common law developed into a comprehensive system, but a litigant could only sue at common law if his complaint came within the scope of an existing writ. However, the systems quickly become rigid because judges, fearing a flood at actions as a result of the popularity of the royal justice, stopped issuing new forms of action. As a result, this attitude proved to be a majored obstacle to the development of new rules and principles.
Initially this overlapping of the two systems led to conflict. The common law courts would make an order in favour of one party and the Court of Chancery would make an order in favour of other party. This conflict was finally resolved in the Earl of Oxford's case4 when the King ruled that equity should prevail. In this case the court of common law ordered the payment of a debt. The debt had already been paid, but the deed giving rise to the obligation had not been cancelled. The court of equity was prepared to grant an order prevent in this and rectifying the deed. Some limited steps were taken ...
Cite this document
(“Equity and Common Law Master Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.net/law/284423-equity-and-common-law-master-essay
(Equity and Common Law Master Essay Example | Topics and Well Written Essays - 1500 Words)
“Equity and Common Law Master Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/law/284423-equity-and-common-law-master-essay.
On the other hand, there are those who believe that actually lowering the drinking age to 16 would reduce drinking, as teenagers would be given more autonomy in controlling their drinking habits. Some believe that bars corrupt the minds of the youth and bring down the standards of civil society.
The common law will be applied only where it is impossible to choose between the parties to the litigation in accordance with the principle that where there is equal equity, the law shall prevail. Therefore, in a situation in which there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case is applied (Hudson, 2004, p.9).
Not bound by precedents, it tempered the harshness and inflexibility of common law especially when dealing with families and children. Although both systems merged in 1875, the rules of equity prevail in a case of a conflict with the rules of common law.1
Britain was amongst the first nations to develop rules to regulate how companies operate and introduced a company registration scheme in 1844. Company Law has developed over the years both in common law and through various Acts of Parliament, most recently the Companies Act 2006 which is the first major overhaul of company law in the U.K.
His contributions to physics have been widely recognized and he is considered as one of the luminaries of contemporary physics and science in general. Hawking is a widely read author whose publications include The Large Scale Structure of Space-Time (1973), Superspace and Supergravity (1981), The Very Early Universe (1983), and the best-seller A Brief History of Time: From the Big Bang to Black Holes (1988).
It must be importantly noted, however, that Rareplants Ltd. undertook substantial steps to keep its place safe for the visiting public. In short, it exercised due diligence that a good father of a family might have done under similar circumstances. That can be a partly valid defense to allow mitigated liability on the part of Rareplants Ltd.
Since the judges could invent new writs any time they wanted, the Parliament decided to allow the judges writ one at a time. This system was unjust since even with the King's Bench having power over a case, the plaintiff might still not win if there was not a single form of action that combined the jurisdiction and power of the King's Bench.
Any violation of such provisions is usually called a "coup d'tat", and, as such, is considered evil, and when possible punished. This is supposed to correspond to the definition of constraint. The Constitution of the United Kingdom is uncodified, consisting of both written and unwritten sources.
(Eldon) In the early beginnings of common law it was for the most part a product of three English courts-King's Bench, Exchequer, and the Court of Common Pleas-"which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine." (Holmes)
The Judicature Act 1873-1875 resulted in the integration of both of these laws into the new High Court of Justice. As a consequence of this act, one court exercised the principles of both common law and equity (Edwards, 2000). However, it is important to
4 Pages(1000 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Equity and Common Law Master Essay for FREE!