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Sunday, December 29, 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 schematic its priority at least partly through the brass instrument of the ordinaryplace equity. The Courts of Exchequer was a court origin tout ensembley dealing with disputes involving revenue, tax revenue income and revenue legalitys. The Court of Common Pleas was where pleas between grammatical pillowcase and subject were brought. And the Kings Bench heard actions to which the King was a party.         The familiar law of nature however, had a number of defects. The inflexibility of the writ organisation appeared to stretch out to hurt because matters that were not within the ambit of writes differentiated by the greenness law were dismissed. Furthermore, the popular law did not substantiate rights in the property former(a) than those of stiff legal ownership. Nor did it recognize security for loans (mortgages) or the right of ternary parties in general. The common law courts had no power of enforcement. Also, it did not allow each form of oral evidence. The only meliorate provided by the common law were damages, which were inappropriate in reliable cases. This led to in referee and the need to remedy the perceived weaknesses in the common law system. The more general a approach pattern, 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 contract to a system of rules alike complex, even if all the problems could be foreseen.          The Court of Chancery emerged as a s! olution 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 unable to obtain access... If you want to dumbfound a full essay, target it on our website: OrderCustomPaper.com

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