Equity And Common Law

Name of StudentName of ProfessorName of SubjectDate: 1 . IntroductionThis seeks to explain the reasons behind the fundament of impartiality , it nature and difference from common integrity including that nature of its play relationship with common rectitude2 . Analysis and Discussion2 .1 Explain the reasons behind the creation of equityThe reasons behind the creation of equity include the inadequacy and inflexibility of the common law to attain the objective of justice It is give tongue to that the law my be harsh bit it is still the law . However man its search for justice is also combat with the conscience which is natural . Hence the law cannot be dry out it is balance with equityThe law of equity and the Court Of court of chancery substantial out of the experience as did the common law . under English experience , the chancellor was the most powerful administrator officer of the fagot that can issue writs which permit aggrieved persons to consider an action in a common-law solicit , and said chancellor himself , as authorized representative of the king , can hear sideslips which the common-law appeals cannot resolve . Thus at the start there was a separate body of law and equity , with a separate court , with the Court of Chancery for the equity . This whitethorn be seen however to have evolved all over since it would cause the confluence of the two in many aspects especially in having one courts only to settle the conflicting issues in the case2 .2 What is it and how is it different from common lawEquity is essentially the law of conscience . It is manifest from common as follows : First , under the old rules , the remedies in equity were also more than flexible .

This could be seen that in the case of a judgment of a law court that was limited to money damages or recovery of property while courts of equity can still grant an injunction , a specific performance , a reformation , or even a partition . Second , the common-law court emphasized form , while the chancery courts take more interest in the merits of the case and the justness of the decision third base , juries were not used in equityDespite the distinction , time has allowed the merging of the two although some states still have separate courts of chancery , where in most of the states the same resolve sit , ofttimes at separate periods , both as law judges and chancellors . In the US however , most states courts have quench the distinction between law and equityThe distinction may be best known in implementation in the case of quasi-contracts . Being rooted conscience , an injunction are remedy under equity is considered as an extraordinary remedial transition , given by the court , not because there is a law on it , but only in the operation by the judge of a sound judicial savvy . Another proof is that in case of absence of homework of exact words in contract , an implied contract may be taken as the promise or...If you want to get a full essay, order it on our website: Ordercustompaper.com

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