Thursday, May 16, 2019

The common law and equity Case Study Example | Topics and Well Written Essays - 3500 words

The common impartiality and equity - Case Study ExampleEquitys impact remains as strong as forever and traces down its foundation to Norman Conquest. Equity to the layman means fairness and justice, unless in the rightfulnessful context its meaning is much more strictly defined. There are rules of equity which must be obeyed. Like any common law, its development may appear equally inflexible and rigid1. Its rights gave foundation to numerous modern laws and the remedies are daily used by the legal practitioner of the 1990s.Therefore, it plays a substantial place in (British) English legal system. It is a historical creation with modern usage. It is not a pre-conceived possible action rather equity is delineated by a series of historical events.2.In the medieval menstruum the chancellor was the most important person in the country next to the king himself. By alter existing writs or inventing new ones, the chancellor could have some influence on the development of the law. S lapper, G. and D. Kelly (2006) tell that the common law system develops whereby a civil dispute had to be brought before the appropriate regal Court by a writ. A claimant could only fulfill at common law, if only his affection came within the scope of an existing writ.In the bakers dozen century, available writs covered very narrow ground. nonetheless if the claim came within the scope of an existing writ, but only due to some actor, such as the power and influence of the defendant, the opponent could not get justice before a common law court. Latter the petition was used to obtain relief where the common law was inflexible and incapable of providing a remedy. Hanbury & Martin (2005) argued that the common law developed into a comprehensive system, but a litigant could only sue at common law if his complaint came within the scope of an existing writ. However, the systems quickly became rigid because judges, feared a flood of actions as a result of the popularity of the royal justice, which stopped issuing new forms of action. As a result, this attitude proved to be a major obstacle to the development of new rules and principles.By thirteen century, hurt litigants filed a petition to the chancellor, to find a more justified solution to their problem. Chancellor was nerve-wracking to give relief in tough cases, and the medieval chancellor was peculiarly well fitted for this work. If the petition was successful, the chancellors end point would usually be different from that of common law court. Otherwise the matter would have been litigant at common law court. As a consequence, the growth of these petitions rose. The decisions were made on the basis of fairness and reason and so the notion of equity was founded. The common law tradition grew in to the ELS3 through a long cultivate of rationalization of traditions, customs and local practices, during medieval time. The Anglo-Saxon customs were there before the Norman Conquest, but afterwards were joined with Royal Justice in a consolidation of local laws and a vast proboscis of judicial decisions have been built up which resulted in the forms of the present laws. The common law has developed by the judges during and after this century. Customs have a strong influence, which seemed ceased, in forming the new laws. When equity before developed, gave a gloss to the common

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