Equity and Common Law - Research Paper Example

Comments (0) Cite this document
This paper highlights that equity (in law) was created during England in the 13th century when the people tried to obtain justice from the courts but couldn't due to too much power was given to the court judges. If a person wanted to remove another person, then a petition to the court was given…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.6% of users find it useful
Equity and Common Law
Read TextPreview

Extract of sample "Equity and Common Law"

Download file to see previous pages People's only choice was to petition to the King. Later on, the system was changed and then the people's petitions were sent to the Lord Chancellor to deal with. (Development of Law Website)
Soon enough the law of equity and the common law started to conflict. The fictional case of Jarndyce and Jarndyce in Bleak House written by Charles Dickens is one classic example of such a case. Litigants would go 'jurisdiction shopping' and often would seek an equitable injunction prohibiting the enforcement of a common law court order. The penalty for disobeying an equitable 'common injunction' and enforcing a common law judgment was imprisonment. (Cockburn & Shirley, 2005)
The resolution of the conflict came in the Earl of Oxford's case in 1615 where a judgment of Coke CJ was allegedly obtained by fraud. The Lord Chancellor had issued a common injunction out of the Chancery prohibiting the enforcement of the common law order locking the two courts in a stalemate. Attorney-General at that time, Sir Francis Bacon, upheld the use of the common injunction and concluded that in the event of any conflict between the common law and the equity, equity would prevail. Thus the people's petitions were started to be dealt justly. ...
Later in 1870, Equity and Common Law court's administration were fused in England in the Judicature Acts of the 1870s into one unified court system. (Cockburn & Shirley, 2005)
Generally, Equity means fairness. But according to the English law, it refers to the body of rules originally enforced only by the Court of the Chancery. It is referred to as a supplement to the common law since it fills in the gaps and makes the English legal system more complete. According to the Farlex Encyclopedia, it is defined as a "System of law supplementing the ordinary rules of law where the application of these would operate harshly in a particular case". Sometimes it is regarded as an attempt to achieve 'natural justice'.
Equity created new rights and as a result of it, new procedures were introduced such as the right to subpoena and discovery of documents. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Equity and Common Law Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/law/1524735-equity-and-common-law-essay
(Equity and Common Law Essay Example | Topics and Well Written Essays - 1000 Words)
“Equity and Common Law Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1524735-equity-and-common-law-essay.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Equity and Common Law

The common law and equity

...Topic: Equity is a uniquely conscience-based and discretionary regime which is fundamentally incompatible with the Common Law's own rules and rights based practices. Insert your name Undergraduate Insert Your Tutor's Name Date: 06 November 2008 Answer: It is necessary to discuss common law development, creation and maxim of equity along with Judicature Act 1873.to answer this question. The significance of this Act, s.49 of Supreme Court Act 1981, equitable principle and relevant case law is also very discretionary regime crucial. Equity is uniquely conscience based and is a discretionary regime which has its own set of principles .Sometimes it can be more powerful than common law rights, because when common law fails... to...
14 Pages(3500 words)Case Study

Comparison of equity and common law in the field of breach of a fiduciary duty in a trust

...Comparison of equity and common law In the field of breach of a fiduciary duty in a trust Introduction: In the common law the tortuous liability was on nuisance, conversion and trespass. Now the House of Lords has expanded the scope of liability further. In Hedley Byrne v Heller (1964) AC 465 the liability was extended from physical to the economic loss, in this it was held that if economic loss is caused due the negligent misstatement by a person who owe a duty of care to the plaintiff, if he voluntarily assume responsibility. In "Home Office v Dorset Yacht Co Ltd (1970) AC 4004." The House of Lords added neighbor principle to the negligence and also...
11 Pages(2750 words)Essay

Common law and Equity

...Common law and Equity Common law is judicially created legal principles or standards. The judiciary has the ity to create laws in situations where none currently exists. When a judicial standard is based on a principle that does not have its ultimate basis in administrative or legislative law, but rather within the courts, the term used for the judicial legal standard is common law (Dunham, 2002, p.24). 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...
4 Pages(1000 words)Essay

Equity and Common Law Master Essay

...Topic: The Present Relationship between Common Law and Equity. Insert Undergraduate Insert Your Language Style: EnglishUK Date: 22 October 2008 Answer: 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. Its rights are the basis for many areas of modern law and its remedies are used daily by the legal practitioner of the...
6 Pages(1500 words)Essay

Equity and Common Law College Essay

...Theodore Greenberg Order October 22, 2008 Equity and Common Law This paper will review the legal terms Equity and Common law, their historical development in the courts of England and the United States and how they are relevant to judicial proceedings in modern times. What is EquityEquity is an English system of justice developed during the 17th and 19th centuries separate and distinct from common law. 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 The courts of law in medieval times enforced the law of the king... were...
7 Pages(1750 words)Essay

The common law and equity systems of jurisprudence

...The common law and equity systems of jurisprudence 2006 Outline: A) The origin of equity legal system B) The common law and equity systems of jurisprudence C) The distinctions between the common law and equity D) Conclusion The origin of the legal system of equity takes root in the English legal system. It developed out of the Chancery Courts of England where Chancellor was addressed to prevent injustices and enforce rights. Equity developed in England as a separate body of law because the common...
6 Pages(1500 words)Essay

Explain the reasons behind the creation of equity. What is it and how is it different from common law What is the present relationship between common law and e

...Equity and Common Law I. Definition of Equity and the Reasons for its Creation The term equity was derived from the Latin word aequitas or aequus meaning equal. It is a branch or system of law which developed together with common law as a means to resolve or correct its faults in justice and fairness (equity). Generally, Equity refers to natural justice which identifies and defines what is moral or what is ethical, and what is just or fair. More Specifically, equity is a set of legal principles adhered to by countries that follow the English...
6 Pages(1500 words)Essay

A, Critically explain an account for the equitable maxim equity will not assist a volunteer and B, Critically explain an account for the differences between equitable and common law remedies

...A, Critically explain an account for the equitable maxim "equity will not assist a volunteer" and B, Critically explain an account for the differences between equitable and common law remedies. Introduction Although it is the generally held maxim that ‘equity will not assist a volunteer’ there are occasions when the courts have ruled that exceptions to this rule will apply. The courts have frequently refused to allow equity to perfect an imperfect gift. This essay will consider those exceptions as well as those cases where they have refused such an application. The starting point is to examine the exceptions. In order to be able to make comment as to the evenness of the application comparison will be made with the occasions when... on...
8 Pages(2000 words)Essay

Common law and equity

...Equity and Common LawCommon law refers to the set of legal rules that are exercised in the old common law courts. These are the legal principles set by ancient Royal Commissioners of the King. Equity, on the other hand, refers to the system of law which is applied in the Chancellor’s Court or the court of Chancery. 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...
4 Pages(1000 words)Essay

Equity law

...EQUITY LAW by As a legal concept, as influenced by English common law, equity pertains to the set of maxims which reigns supreme in terms of civil law, and from which all civil laws are derived from. The foundational basis of the contemporary law system was a set of writs that were issued by The Chancery, the office of equity. Accordingly as Halliwell (1997) portrays, equity continues to be wholly unaffected by any existing state laws, mitigating the prevailing rigors of common law. This allows courts to utilize existing...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Equity and Common Law for FREE!

Contact Us