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 invasion in 1066. William developed the legal system and introduced many rules. William preserved some of the old customary laws and used them as a basis for common laws. He introduced the feudal system and King’s justice, these were made to …show more content…
The second remedy is specific performance in which the court compels a party to fulfill a previous agreement, as in the case of [Wrath v Tyler]. Rectification which is the amendment of documents which previously did not express its true intention such as in the case of [Re Posner] in which the testator was allowed to rectify his will to reflect his true intentions, is another form of remedy. The fourth remedy is rescission where a contract is nullified, thus allowing two parties to return to their original positions prior to the agreement as seen in [Tumstem v Bhanderi] On the other hand, equity also introduced modern remedies which are Mareva Injunction and the Anton Piller order. The former which is freezing order where the court has the authority to restrain a person from transferring his assests away from the court’s jurisdiction such as to another country is first established in the case of [Mareva v International Bulkcarries]. The latter is the search order granting access into another’s premise to search or remove any documents or evidences. As in the case of [Anton Piller v Manufacturing Processes Ltd], the defendant was suspected of selling away his campany’s technical drawings to the rival company hence court granted the Anton Piller order to search his house. Last but not least, equity also established maxims to ensure decisions were morally fair. One of the popular maxims is “ He who comes to equity must
Laws are created to maintain order and to allow people to live at peace with one and other. Laws also serve as a guarantee that people will be able to enjoy certain rights which are outlined in the laws created as well as protect the people from governmental bully. The Magna Carta and the Bill of Rights are both important documents which were written to outline laws that those in power must abide by in order to give rights to citizens. Both documents changed history. In this paper, I will compare and contrast both the Magna Carta and the Bill of Rights-mainly the first ten amendments, in terms of who were making demands, what rights they were demanding, as well as who benefitted from those demands.
The Magna Carta was an agreement between King John of England and his baron’s that limited his powers over the kingdom. Article 29 of the Magna Carta exemplifies the limitations of the king in favor of the people by stating, “No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny of delay right or justice” (Article 29 of the Magna Carta). The Magna Carta was an extraordinary step in history that has helped shape the forms of government that we practice today. This document laid the foundation of the democracies that were yet to come. The creation and implementation of the Magna Carta was a significant historical event that took place during the Middle Ages. Although it is one of few written documents that took place during this time period, it is surely one of the most important events in
An injunction may also be issued. This is to prevent the negligent acts from being performed again by the defendant
Rulers of European countries during the 17th century had almost unlimited autonomy over their respective countries. They were the head of government in all respects, and all decisions were eventually made by them. However, along with this autonomy came responsibility in the form of the people. If the decisions of these rulers did not improve the country, the possibility existed that their power would be either curbed or taken away by the people. As ruler of England in the early 17th century, Charles Stuart believed strongly in absolute power and a king’s divine right to rule. He believed that a king was given his power by God and therefore had no reason to answer to the people. The Parliament in England at the time
extremely tyrannical in its approach. Through the 1760s and 1770s, England passed a litany of
England’s lengthy history of hereditary monarchs and abusive absolutists has led to the system of constitutionalism in 17th century English government. The encouragement of these absolutism practices triggered the need to search for a new way to govern. The reigns of the Stuart monarchy led to the shift from absolutism to constitutionalism during 17th century England. After witnessing the success of Louis XIV's of France establishment of absolutism, England would soon see that James I, and his son Charles I, will fail at establishing absolutism in England and see a constitutional government established.
develop a normative foundation for empirical research. I first consider the legal definition of equity,
In 17th century France, Louis XIV ruled as an absolutist monarch with few checks to his dominion. Louis ignored the French Parliament, taxing French people as a source of income. This weakened the Parliament’s power and it was no longer a powerful entity in the French political system. At a certain point, Louis removed Parliament’s power to create laws further weakening it and strengthening his rule. England had a different government at this time. William and Mary were rulers of the country and their power was limited by Parliament which was considerably stronger than them at this point. Documents including the English Bill of Rights along with other legislation weakened their control and
William the Conqueror: a powerful man who was taking what was rightfully his, or an illegitimate son thirsty for power, only history can tell if his actions were an act of justice. This debate contains a lot of confusion between promises, traditions overlapping, the support of the people, and proven powerful enough to rule. After understanding the conflicts at the time, history has proven that William the Conqueror proved to have a legitimate claim to the throne, much more than his competition at the time. In order to understand history, we have to look back and see how we got to this point, starting with the set-up for this situation.
Equity is being fair and impartial in dealing with people in anything. Example of equity is as a manager you need to be fair to all workers in your dealings as to work schedules.
Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity are indeed the product of its remedies. Whether they are merely ‘two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’, is yet to be seen.
"John, by the grace of God king of England, lord of Ireland, duke of Normandy, Aquitaine and Hazzard, and count of Anjou, to his archbishops, bishops, abbots, earls barons, justiciars, sheriffs, ministers, bailiffs and all his faithful men, greeting."1 So begins the most famous legal document of the Middle Ages. The Magna Carta was a product of the power struggle between King John and his barons in the year 1215. Although it was intended to address concerns that were specific to its time and place, it became a high water mark of legal freedom for centuries to come. This essay will examine the events that caused the Magna Carta to be written, the key provisions it contains, and the effect it had on the law of England and
The Magna Carta, also known as the “Great Charter”, is one of the best known political documents in history. It has influenced nearly every great document of note following it, including the Declaration of Independence written by the founding fathers of America. The Magna Carta was a direct result of the reigns of King Richard the Lionheart and his brother King John and was written by barons who wanted to protect their rights, albeit in a way that mostly benefitted them. Therefore, this paper will attempt to examine the historical context surrounding the Magna Carta, what concerns the document demonstrated about the reigns of Richard and John as exemplified by the demands within the charter, and how the Magna Carta changed the relationship
In England, 17 century is the time of the fundamental revolution of breakthrough took place and sprung up some influential political thinkers. John Locke is the forefather of liberty while William Godwin was one of the proponent of anarchism, and both of them are great English philosopher after the enlightenment who take significant influence on successors. This essay will focus on the views of Locke and Godwin on the origin and purpose of government, the extent of authority, as well as some opinions according to their flaws.