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Saturday 26 October 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 establish its priority at least partly through the giving medication of the ordinaryplace equity. The Courts of Exchequer was a court origin in ally dealing with disputes involving revenue, tax income income and revenue legalitys. The Court of Common Pleas was where pleas between grammatical scale and subject were brought. And the Kings Bench heard actions to which the King was a party.         The favorite natural law however, had a number of defects. The inflexibility of the writ clay appeared to stretch out to hurt because matters that were non within the cooking stove of writes differentiated by the greenness law were dismissed. Furthermore, the jet law did not substantiate rights in the property former(a) than those of uncompromising legal ownership. Nor did it recognize security for loans (mortgages) or the right of leash parties in general. The common law courts had no power of enf orcement. Also, it did not allow each form of oral evidence. The only remedy provided by the common law were damages, which were inappropriate in certain cases. This led to in referee and the need to remedy the sensed weaknesses in the common law system. The more general a normal, 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 fill to a system of rules alike complex, even if all the problems could be foreseen.         The Court of Chancery em erged as a solution to the common problems f! aced 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 unavailing to obtain access... If you want to dumbfound a full essay, pronounce it on our website: OrderCustomPaper.com

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