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Equity and common law essay

equity and common law essay

any reference to the laws of England will, by necessary implication be interpreted to include not only the rules of common law but also the rules of eq10 uity as developed respectively in the English common law courts and the English Chancery Courts. The country was further divided into 19 states by the States (Creation and Transitional Provisions) Decree, 1976 and later into 21, 30 and now 36 states. However, not much was achieved by this unification policy of the common law courts since the attitude of the Chancery to matters before common law courts might not be easily predictable. The dispute between the two systems was eventually resolved as a result of the Earl of Oxfords Case 1616; the outcome of this case was that if the two were to be in conflict and may contradict each other equity would prevail. The population was subject to the jurisdiction of a dual system of superior courts. 4 Equity and the common law in the narrow sense Conclusion Summary Tutor-Marked Assignments References / Further Reading. Because of the fact that they have different principles and were not fused together when the administration were, they are referred to as The Twin Pillars. It is believed that the General custom was effectively the basis of the common law. The Chancellor, Lord Ellesmere, claimed the power to set aside common law judgments on the ground of equity and good conscience.

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This meant if your case was already not under a writ it was not carried forward. The Ordinance introduced into the country, subject to the usual reservation of their being applied subject to existing local laws and in so far as local circumstances would 11 ermit, the rules of the English common law, the doctrines of equity and statutes of general. There were many problems with the common law. 0 tutor-marked my dream family short essay assignment How is the conflict between common law and equity resolved? Only an historical explanation can be offered for why there were three such common law courts with substantially overlapping jurisdictions. If a litigant required redress both in equity and at common law, distinct actions in each jurisdiction were necessary. The problems were mainly relating to the writ system which was a document containing the details of a persons claim. Cite weblastEssays firstUK urlp? This was to prevent separate proceedings, one in equity and the other at common law, from being brought in respect of the same cause of action and thereby save litigants time and unnecessary expense. Despite having taken the inspired decision to enforce rights of property in land by actually delivering it up by force, if need be, to its owner, it enforced other rights, including property in chattels, as well as all contract and tort claims by a money. ) Principles of Equity; Ibadan: Unique Design/Prints 23 unit 4 contents. In the court of law, a jury will be present to determine the outcome of the case, while in equity court; there is only a judge present that will decide the outcome.