Search results
Learn how Common Law and Equity differ in their origin, principles, remedies, and application in modern legal systems. Common Law is based on rules and precedents, while Equity is based on fairness and flexibility.
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]
Sep 21, 2021 · Common law and equitable right has two different function in that, common law establishes general rules which provide certainty, while, equitable rights acts as a check and balance of common law. This arises from the strict application of the common law.
Equity, in Anglo-American law, the custom of courts outside the common law or coded law. Equity provided remedies in situations in which precedent or statutory law might not apply or be equitable. By the end of the 13th century, the English king’s common-law courts had largely limited the relief.
Nov 2, 2019 · This chapter traces the historical origins and development of equity in the English common law system, and its relationship with case law and statute law. It also examines the role of equity in contemporary law and its influence on other legal traditions.
The problem became a matter of public debate during the chancellorship of Cardinal Wolsey (1515–1529). Wolsey was particularly free in granting inhibitions to the common-law courts. Thomas More became chancellor after Wolsey’s fall, and More was the first chancellor trained in the common law since the 14th century.
A collection of essays by leading scholars on the historical, comparative and theoretical aspects of the relationship between law and equity in common law systems. Explore how law and equity have fused, fissioned and evolved over time and across jurisdictions.
