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Common Law and Equity Essay

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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 1873-1875? What are the equitable maxims that are needed to be satisfied? What are the various kind of equitable remedies that have been developed?

During the Norman Conquest, circuit judges have been travelling from one county court to another in order to settle disputes. Later, common law courts have been …show more content…

Many litigants are unable to seek appropriate redress. Common law often look on the procedure rather than the intent.

Based on the defects of common law, many litigants petitioned the King, the Justice of Fountain so that the King will be able to preside on the cases.But then later, the King passed the workload to the Lord Chancellor. Soon the Lord Chancellor start to make decision on his own authority rather than as a substitute for the King. This has tribute to the development of the Court of Chancery. The court is not bound by any particular rules, neither does not followed binding precedent. All decision are based on the right and wrong of the Chancellor. Many have resented about the various decision which are made according to the length of the Chancellor foot. The court follows the merits of a case and not precedent. In a particular case, in Earl of Oxford case 1625, there have been conflicting judgement between the common law and the Court of Chancery judgement. This matter was later referred to the King, and the King have decided that now and in future, if both law conflict, equity shall always prevail. Besides that contrary with common law, equity recognises trust and mortgages. Equity recognises and

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