Things that need to learn and understand with regards to this subject are; the definition of equity, the nature of equity and the functions of equity in terms of the emergence of the English Legal System.
Equity Law and Equity Essay a Outline the development of common law and equity. There was no system of law in England and Wales beforeas it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries.
However, in the 18th Century Parliament became more powerful which lead the Acts of Parliament statues to be the main sources of law today.
During the twentieth century statue law and judicial decisions continued to be the major sources of law but, in addition there were two new sources became increasingly important these were delegated legislation and European law.
Delegated legislation is law made by a body other than Parliament. Parliament gives others the power to pass delegated legislation in a parent or enabling Act. Customs are rules of behaviour that develop in a community without being deliberately invented.
There are two main types of Customs: Local Customs and General Customs. Local customs is when a person claims to have some sort of a local right as they believe that right has always been accepted locally and they are claiming the right is local custom.
Judges developed tests to decide whether to uphold such customs. It was very unusual for a new custom to be considered by the judges, but there have been some case such as Egerton v Harding the court decided that there was a customary duty to fence land against cattle staying from the common.
It is believed that the General custom was effectively the basis of the common law. This court consisted of nobleman who acted as judges. A practice was started of sending judges around the country to hold assizes or sittings to hear cases locally.
In when King Henry II came to the throne he divided the country into circuits which lead the tours of the judges to be more regular. This enabled the judges, over a period of roughly years, to take the best local laws and apply them throughout the land.
There were many problems with the common law. The first problem with the writ system was that it was too rigid; if it was filled out incorrectly it would be completely ignored.
The other problem was that the nobleman limited the type of writs due to the Provisions of Oxfordso that certain categories of claim existed. The last problem was that the only remedy that the courts could give was the damages.
This was not appropriate as in some cases such as in land disputes where money could not compensate the loss of land.
People were disappointed therefore they wrote to the king to complain. The chancellor had a reputation of solving the cases fairly and based on justice. Equity historically had been an important source and still plays a vital role with many of our legal concepts having developed from equitable principles.
Equity and Common Law both systems functioned side by side and eventually a conflict developed between these two systems and in that equity would frequently overruled common law decisions and denied them. The problem was that the Common law courts would make an order in the favour of the other party whereas the Chancery court would make an order in the favour of the other party.
However, once the equity became a body of law rather that arbitrary exercise of conscience, there was no reason that it needed its own court.
Therefore, the two systems merged together by Judicature Acts which established that equity and common law could both be administered by all courts and provide the system we have today.“Equity is merely a gloss to the Common Law.” Discuss the accuracy of this statement, with cases and example.
(25marks) Before the Norman Conquest , different areas of England were governed by different systems of law%(1).
Equity is a sort of justice, which was emerged in England besides from Common Law, which was the responsibility of the Common Law Courts. There were many issues, which were not fallen in the jurisdiction of the Common Law Courts.
'Equity was nothing more than a gloss on the common law'. Critically evaluate this statement and assess the past and present contributions of equity to the growth of the common law.5/5(1).
One of the major differences between common law and equitable rights lies in the deficiencies of the common law remedy. When equity originally developed as a “gloss on the common law" according to Pettit, [ 3 ] it developed new remedies and recognized new rights where the common law fails to act.
“The contribution of Equity to the development of the law lies in the creation of new rights and remedies, but the maxims of Equity have also played an important role in many areas of law.” Discuss this statement giving examples of rights, remedies and maxims introduced by Equity.
Nov 23, · " Equity as a venerable group of right and procedures to provide fairness, unhampered by the narrow strictures of the old common law or other technical requirements of the law." A simple introduction on the definition of equity which also includes the nature of equity, I may say.