Common Law and Equity

990 WordsApr 1, 20124 Pages
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
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