Essay On Common Law And Equity

After introducing the Curia Regis William ordered all his disputes to be heard in a court situated in Westminster using only his version of the law. This is vulnerable in the case of equity as it prevents the defendants destroying what may be very valuable evidence.

This caused a problem because it meant that there was only one court situated in the South of England. This is highlighted in the case of Anton Pillars KG v Manufacturing Process Ltd 1976.

A trustee has all the same powers as the legal owners, he just have duties as well.

Beneficiary’s equitable interest is proprietary and personal both.

Although equity literally means fairness, we use this term for the body of principles developed by the Court of Chancery. Equity may intervene to mitigate the harshness of the common law. it might allow a mortgage to be redeemed even though the actual redemption date had passed. At common law, she would have to pay damages for breach of contract, but equity intervened and the court exercised its discretion albeit on a principle: the granting of specific performance would have amounted to hardship.

If someone says I don't want the money (the damages), I want the land. Fusion The Judicature Acts, abolishing the Court of Chancery and the Courts of Common Law, introduced High Court and Court of Appeal and gave a preference to equity in case of a conflict (s 25 (11) The Judicature Act 1873).The kings representatives were sent throughout the land to check local administration and hear local cases.Cases were interpreted and customised to suit the whole country. ...endant to allow the plaintiff to enter his or her premises and take away documents or materials that may be relevant to the case.The Courts of Common Law developed law of torts, whereas the Court of Chancery developed ‘equity’.Court of equity was a court of conscience: the rulings were based not on formal rules of evidence but on the replies of the defendants to the interrogation.Ashburner in Principles of Equity considered common law and equity to be two separate streams which ‘do not mingle their waters’.Sarah Worthington advocates the end of equity and considers its origins to be in history and not in policy.The legal owner is entitled to claim the dividends of the company shares, an equitable owner is entitled to the monies equivalent to the dividends.Because the legal owner is the sole owner and has the beneficial interest, it doesn’t mean that he has an equitable title too: he is not holding it on trust for anyone.This can be looked at from two angles: administrative and substantive.The Judicature Acts brought the common law and equity under one roof and fused the two legal systems administratively, but whether it has fused the substance of the two legal systems is subject to debate.


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