Topic > Common Law and Equity - 1122

Common Law and Equity Inconsistent To trace the relationship between common law and equity, we must first define what common law is? What are the defects of the common law and to what extent has equity been created. Since the development of common law and equity, what were the effects of the Judicature Acts 1873-1875? What are the fair maximums needed to be satisfied? What are the various types of equitable remedies that have been developed? During the Norman Conquest, circuit judges traveled from one county court to another to resolve disputes. Common law courts applying common laws were later developed. In common law courts, if a plaintiff were to bring an action in court, it is necessary for him to begin with a document setting out the reasons for the claims made or establishing the cause of action. New acts were often created to adapt to new circumstances. But soon, the creation of new acts was stopped by parliament, the supreme body, when the Provision of Oxford 1258 was passed. It is because the creation of new laws eroded the power of parliament to make laws. Therefore, litigants must adapt to their circumstances based on existing available documents. They must present their case directly in writing, otherwise there will be no way to bring an action in court. Sometimes the price of the act is more expensive than the plaintiff claims. There is only one remedy recognized by common law, namely compensation for damages. The remedy, damages, will not always be suitable for all cases. The common law does not recognize trusts and mortgages... middle of paper... of one party. If and when the party declares his intention not to be bound by the contract, he is said to rescind it. It places both parties in the position they were in before the conclusion of the contract. Specific performance is an order given to a person to perform his obligations under a contract. For example, when contracts have been exchanged for the sale of a house, the court may order the reluctant seller to complete the sale. Therefore, the development of changes from Common Law to Equity has brought great benefits to the entire society as they will be able to seek better compensation. It also provides flexibility in the law as equitable remedies are discretionary. In this regard, a plaintiff may have been awarded the common law remedy, but the court has the discretion to choose whether it is fair to grant equitable remedies.