Common Law and Equity

Common Law and Equity Inconsistent to draw up the relationship between common law and

equity, we firstly have to define what is common law? What are the

defects of common law, and to what extend equity have been created.

From the development of common law and equity, what has been the

effects of the Judicature Acts 1873-1875? What are the equitable

maxims that are needed to be satisfied? What are the various kind of

equitable remedies that have been developed?

During the Norman Conquest, circuit judges have been travelling from

one county court to another in order to settle disputes. Later, common

law courts have been developed which apply common laws. In common law

courts, if a plaintiff were to bring an action to court, it need to be

started by a writ which sets out the ground claims made or it sets out

the cause of action. New writs were often created to suit new

circumstances. But soon, the creation of new writs have been halted by

parliament the supreme body, when the Provision of Oxford 1258 was

passed. It is because the creation of new writs eroded the parliament

power from enacting laws. Hence, the litigants need to suit their

circumstances based on the existing available writs. They need to suit

their case squarely into the writ, or else there will be no way of

bringing an action to court. Sometimes the price of the writ are more

expensive than the plaintiff claims. There are only one remedy which

is recognised by common law, that is damages. The remedy, damages will

not always be suitable for all cases. Common law does not recognise

trusts and mortg...

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...of one parties. If and when that

party declares his intention not to be bound by the contract, he is

said to rescind it. It places both parties to the position in which

they stood before the contract was entered into. Specific performance,

is an order to a person to fulfil his obligations under a contract.

For example, when contracts have been exchanged for the sale of a

house, the court may order a reluctant seller to complete the sale.

Hence, the development of changes from common law to equity has

benefited the whole society largely as they will be able to seek

better redress. It also ensures flexibility in the law as equitable

remedies are discretionary. This subject to, thou a plaintiff maybe

awarded the common law remedy, but the court have the discretion to

chose whether is it just to award equitable remedies.