Equity

Through the fusion of equity to common law we can see that equity has this aspect of flexibility which it offers to common law. This idea of flexibility is beneficial because common law is based on a rigid system where the actions are monitored by a system of rules and judgements, equity goes on to offer an aspect of flexibility to this rigid system of common law. Through the evolvement of equity, we see that people gain equitable interest as well as legal interest, especially with regards to property and trusts. Legal interest are the rights we have from common law whereas equitable rights are not specific rules of law, they are dependent on a set of discretionary rules which are termed as maxims. This amalgamation of equity and common law lets us; the common man have various ways of getting remedies. Through the fusion of equity and Common Law the various number/types of remedies have increased as well as the scope for the common man to get remedies has been augmented on. Through the fusion of common law and equity we can see that the remedial and procedural aspect of it has been affected in relation to various aspects of law. This idea can best seen through the use of an example and in this example we will use mortgages, through this example we will see the different procedural and remedial aspect of the marriage of equity and common law.

If we see, common law treats mortgages likes contracts; here any failure to pay off the mortgage by the stipulated date would result in the mortgaged property being forfeited to the lender. This can be done by the common law doctrine of forfeiture. Through the eyes of equity, if we look at the idea equity of redemption we can see that it reduces the harshness of the law by restraining th...

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...s also given to us the idea of trusts, arguably one of its greatest contributions through which we can further develop new ways to meet new circumstances in the legal world. Through this critical essay we have also taken a look at the view of a prominent scholar who supports the view of the integration of common law and equity. This critical essay have also compared and contrasted cases which have aided my idea of the developing of new corrective measures for the future. As it is a critical essay we have also looked at the negative views of the integration's effect on the idea of developing measures to combat new circumstances, one of its major points amongst many others are that when equity and common law have been merged it brings in an aspect of inconsistency which hampers the ability of judges to develop new correctives and devices to meet new circumstances.