The Doctrines of Equity are said to be the cure for the rigidity and harshness of common law. Explain the veracity of this statement noting to use atleast five principles of equity.
Equity and Common law classify as two tributaries which meet at one end of the largest river,of law thus as definition, Equity stands as a designed set of rules that act as an appendage to the general rules of law while common law accumulates the part of English law that is imitative from custom and judicial precedent rather than statues.
In the common law legal system, laws are created by and refined by judicial formation. This implies that a ruling in a case currently pending depends on the rulings made in previous cases and affects the law to be applied in future cases. Equity doctrines, however, was developed and administered in England by the high court of chancery in the exercise of its
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(2016). EQUITY IS A GLOSS ON COMMON LAW.. Retrieved February, 16 2018, fromhttps://instantlawblog.wordpress.com/2016/08/22/equity-is-a-gloss-on-common-law/
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Kennedy, K. C. (1997). Equitable Remedies and Principled Discretion: The Michigan Experience. Michigan State University College of Law Digital Commons at Michigan State University College of Law.
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Mah, C. L. (May 1, 2008 ). You are here: Home / Feature Articles / 32-5: The Law of Equity / Equitable Doctrines and Maxims Equitable Doctrines and Maxims. 32-5, Retrieved from http://www.lawnow.org.
Subrin, S. N. (1987). How Equity Conquered Common Law: The Federal Rules Of Civil Procedure In Historical Perspective. Chicago , USA:
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
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Moral rightness and fairness are two alternate ways of saying justice. Justice is defined in a legal dictionary on law.com as “a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal.” There are many different opinions on the law and justice systems in America, many of which are not particularly positive. Law.com also states, one problem can be found in the attorneys, judges, and legislators, as they tend to get caught up more in the procedure than actually achieving justice for the people. While others say that our law system is not interested in finding out the truth, but more criticisms can also be seen in Herman Melville’s story, “Bartleby, the Scrivener.” Melville
From the creation of the very first civilizations, people have been using laws for potential disputes and or other issues that they come across. With the evolution of time and the expansion of the legal system, many laws were established that did not promote justice and equality. In essence, they did not take into consideration the ethical and racial implications that these laws generated. In our days, laws of this nature are still in effect and are characterized as unjust. They can be found anywhere and can take various forms.
Strong, F. (1986). Substatntive Due process of law: A Dichotomy of sense and Nonsense. Durham: Carolina Academic Press.
Case law/Common law – body of law developed over time by higher courts. Laws are c...
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Hobson, Charles F. The Great Chief Justice, John Marshall And the Rule Of Law. University Press Of Kansas: Wison Garey McWilliams & Lance Banning, 1996.
Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort.
The meaning of English Legal System is stated out by Cownie and Bradley in the English Legal System book . There are many sources that build up the English Law as it is today. The main sources of English Law consist of Common Law, parliamentary legislation and delegated legislation. As stated in Gary Slapper & David Kelly’s English Legal System book , there are many different interpretations of the phrase ‘source of law’ where in this book the law is made up of three main sources; where in Martin Hunt’s “A” Level Law , though there are different sources that make up the English law, these sources are differentiated in two main categories with various minor sources.