• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Equity serves to fill in the gaps of Common Law. Discuss

Extracts from this document...

Introduction

Equity Zhiling. Equity serves to fill in the gaps of common law. The word equity itself means fairness. In the 12th century, litigants could bring a case to court based on the cause of action and the grounds of the claim. New writs were created to fit new circumstances. However in the 13th century, common law began to be rigid and litigants had to fit the circumstances into the existing writs. This is did not uphold morality as it meant that people were unable to bring an action to court (cannot seek justice) if it did not fit into any of the existing writs. Common law had to follow precedent and offered only damages which were inadequate. Dissatisfied parties petitioned the king who passed the cases to Lord Chancellor. Slowly the people started to petition the Lord Chancellor himself and he started to judge cases based on his own moral view (idea of fairness), thus created the Court of Chancery. ...read more.

Middle

Mareva Injunction is an injunction that relates to the freezing of the assets of the defendant in the jurisdiction of the courts. This is to prevent the defendant disposing or destroying assets to avoid payment. This promotes flexibility as it has become easier for people to transfer assets in the modern society such as via internet. The Promissory Estoppel is an order preventing the person from denying a promise that he had made. Several conditions have to be fulfilled such as: 1. An existing relationship between the promisor and the promise. 2. Detrimental reliance on the promisor by the promisee. 3. Doctrine to be used as a shield and not as a sword. 4. Inequitable for the promisor to go back on his word. This is illustrated in the case of Central London Property Trust v High Tree House case. ...read more.

Conclusion

Equity must follow law. In the case of Rhone v Stephens, equity did not depart from common law rule that a 3rd party cannot be made to perform a contract. He who seeks equity must do equity. In Chappell v Times Newspapers case, the litigant failed to obtain an injunction as he refused to carry out his own future obligation. He who comes to equity must come with clean hands. In D&C Builders v Rees, Mr and Mrs Rees had taken advantage of the Builders financial situation and did not come to court with clean hands hence they were could not claim Promissory Estoppel. Equity looks to the intent rather than form. Delay defeats equity. In the case of Leaf v International Galleries, both parties unknowingly gone through a transaction thinking that they had a genuine Constable. However, the litigant tried to bring the case to court a few years later but was refused as it was over the limitation period. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    Common Law and Equity

    5 star(s)

    Estoppel can only be used as a "shield" and not a "sword". In Combe v Combe (1951) this application was made clear when a husband, on their divorce, promised his wife �100 per annum. He failed to do this for 6 years and the wife sued him for �600 arrears.

  2. Marked by a teacher

    Critically discuss different possible meanings of justice and explore the relationship between law and ...

    3 star(s)

    and take the needs of the society into consideration, without being selfish and looking at only their needs. However, this could be a limitation as some of society may feel that they were the least advantaged of the group. This would then lead to a disagreement of a set of

  1. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    In that case, the defendant honestly bought a stolen car from the thief and sold it to the plaintiff, who was a car dealer, for �334. The plaintiff sold the car for �400. In due course, some four months later the sale by the defendant to the plaintiff, the car

  2. Explain the development of Equity.

    This case came about with the lease to Convent Garden being purchased by Merton College, Oxford who then sold the remainder of the lease to the Earl of Oxford. Using an Elizabethan statute, a formal, written law of a country or state, which forbade the sale of college land, the

  1. Judicial Precedent

    In some cases they have to avoid awkward precedents, and there are many ways in which they can do this. Where the facts of the case before are significantly different from those of the earlier one, then the judge distinguishes the two cases and need not follow the earlier one.

  2. AS LAW - Judicial Precedent

    All decisions from the High Court upwards are properly reported through the system of Law Reporting. Distinguishing; over ruling, reversing. Distinguishing. If a judge decides that the material facts of the case in front of him are sufficiently different from the material facts of the case containing the precedent then he is not bound by the precedent e.g.

  1. Judicial Precedent

    of Lords was bound by its own decisions until the 1930s, where the law was criticised as being too rigid and not having the desired certainty. This led to the creation of the practice statement of 1966 which allows the House of Lords to change the law when it deems appropriate.

  2. The Nature of Law in Society

    could be called philosophical investigation, which by its application can raise people to an awareness of morality. Devlin had a similar view in the Hart/Devlin Debate which followed the publication of the Wolfenden report in 1957. Devlin was strongly opposed to the report, on what might be cited as a natural law approach.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work