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Thursday, November 14, 2013

The law of equity came about to remedy the defects of the common law system. Discuss.(includes how equity came about and its remedies. Bibliography included.)

By the end of the 13th century, the central authority had constituted its priority at least partly through the presidency of the ordinaryplace equity. The Courts of Exchequer was a court origin every(prenominal)y dealing with disputes involving revenue, valuate income and revenue legalitys. The Court of Common Pleas was where pleas between grammatical movement and subject were brought. And the Kings Bench heard actions to which the King was a party.         The touristed impartiality however, had a number of defects. The inflexibility of the writ constitution appeared to stretch out to hurt because matters that were not within the context of writes differentiated by the greenness law were dismissed. Furthermore, the leafy vegetable law did not substantiate rights in the property other than those of inexorable legal ownership. Nor did it recognize security for loans (mortgages) or the right of trinity parties in general. The common law courts h ad no power of enforcement. Also, it did not allow each form of oral evidence. The only salve provided by the common law were damages, which were inappropriate in authoritative cases. This led to in referee and the need to remedy the perceive weaknesses in the common law system. The more general a discover, the less likely it is to do justice in all the particular cases to which it applies.
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Moreover, an attempt to crap in advance the qualifications to the rule necessary to do justice in all cases would leash to a system of rules alike complex, even if all the problems could be foreseen.          The Court of Chancery emerged as a solut! ion to the common problems faced by the common law system by administering the law of equity. Proceedings sooner the Chancellor were simple, and were in other respects advantageous when compared with the minutes of the common law courts. Plaintiffs ineffective to obtain access... If you want to dumbfound a full essay, swan it on our website: OrderCustomPaper.com

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