Equity

Equity Equity means fairness. historic development. Equity actual because of problems in the familiar practice of police force. 1) In the gothic times it was all assertable to start a illustrate by means of a writ and in 1258 the feed of Oxford re unyieldinged the issue of writs for sensitive(a) suits of actions this. Meant that sunrise(prenominal) alleges had to fit into an existing type of writ and if this couldnt be done if there could be no claim level off if an injustice would result. 2) The law was passing technical and the diction had to be exact if there were lonesome(prenominal) errors the claim would fail. 3) The only correct the common law courts could ante up was damages. This was a add of funds by way of payment from the defendant to the plaintiff. This was not fit for many types of action e.g. trespass. Because of these problems a separate brass developed along office the common law known as EQUITY. This was dole out by the Lord chancellor in the account of the queen mole rat and was far much flexible. Lords Chancellors use it to address injustices not resolved by the common law courts. They could: 1) Avoid following precedents in the interests of fairness and justice. 2) They could look at the intentions of the parties. 3) They could develop new remedies more suitable than damages. It supplied suitable remedies.

Injunctions, item performance, rescission and corrections. These argon still used today see later. in finishing a court of chancery came into being to operate these rules of fair play. as yet equity was still not a discharge corpse of law. It softened the strict rules of the common law and make full in the gaps. Then in 161, the Earl of Oxfords case arose. In this case the king rule that where there was conflict amid the common law and equity then equity should prevail. This closing was infallible because the two systems operated side by side and individually so conflict was frame to arise. Development. Because of the flexibility equity gained a character for uncertainty during the 15th and...If you want to get a unspoilt essay, order it on our website: Orderessay

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