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common law and equity Essay

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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 and procedures, the fundamental premises and noticeable forms of the common law went largely unchanged between the 13th and 19th centuries.
The common law was regarded as a birthright for all Englishmen; however, as the Crown continued to …show more content…

Little by little the chancery developed into its own court of law.
In the 14th century, bills complaining of interference with the common law were passed on to the chancery. It was a convenient clearing-house for all types of business in this regard. By 1400 people simply went straight to the chancellor. The Chancellor gained popularity due to the fact that as the saying went, “no deserving plaintiff would be sent out of the chancery without a remedy.” (J.H.Baker. An Introduction to English Legal History, pg. 117) One possible remedy, as Baker describes, was a new form of the original writ. The bill would then be sent on to parliament for a legislative solution. However, many times the remedy was “ad hoc,” arising from the special facts of that particular case. It was in these instances that the chancery issued decrees that only applied to the parties in the suit.
At first these decrees were made in the King’s name, and then they were by the court in the presence of judges, sergeants, councilors, and advisors. However, later, around the time of the 15th century, the chancellor began to issue decrees in his own name. In making these decrees, the chancellors did not regard themselves as administering a law any different from the common law of England. Rather, they saw themselves reinforcing the existing law, protecting

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