of the government. 2.0 Development of Common Law show more content. Middle of paper.endant to allow the plaintiff to enter his or her premises and take away documents or materials that may be relevant to the case. tags: Papers Powerful Essays 2179 words (6.2 pages) - Equity is frequently referred to as a supplement to the common law. From the development of common law and equity, what has been the effects of the Judicature Acts. Common law evolved over time as a judge mad law according to doctrine precedent. In this case, the House of Lords allowed the equitable remedy of account of profits for a claim for breach of contract where the common law remedy of damages would have been inadequate. tags: Papers Powerful Essays 1244 words (3.6 pages). This was a huge development for Common Law in the legal system as it gave some sort of guidance with cases. Equity also are based on the conscience of the party against whom the relief is sought as it in an act in personam which is totally different with common law which operates in rem.
The court of equity was known as the corrective instrument to common law, often. Leases invalid in equity were also invalid at common law.
Essay on common law and equity
However, by the 19th century equity too became ruled by precedent and standard principles. In my opinion, even without fusing the substantive part of law and equity, the whole legal concept could still be developed harmoniously in ensuring justice is served. Incorporation of common law and equity should be done in a more appropriate approach through the development of common law to incorporate certain principles that were previously under the equitable doctrines. The court further ordered specific enforcement of the lease. Therefore, there still remains differences between common law and equitable right, equity work alongside the common law and provide different solutions to problems. The Walsh v Lonsdale case which held that the distress in that case was lawful despite there not being a common law lease promotes the idea that the law and equity has been fused substantively as now there is only one lease and there. tags: essays research papers Powerful Essays 1685 words (4.8 pages) - concept 1 compensation AAY TO reduce nuisance (Hogan Edwards, 2003) states the idea of compensation in Common Law is to protect the environment as it amplifies the need for organisations and individuals within. 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 maxim no writ, no remedy. Common law was the law administrates by the royal courts and such a more standardised set of rules based on customary law was gradually enforces throughout the whole of England and countries derived from England.
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