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

Explain the development of Equity.

Extracts from this document...

Introduction

a) Explain the development of Equity Before the arrival of William I, in 1066, law was based largely on different local customs, meaning that the systems of law varied in different areas of the country. The King had little control over the whole country, with no effective central government. When William I became King of England he began to standardise the law, establishing a strong central government. William sent out different representatives of the crown to various areas of the country to check local administration, and to pass judgment in local disputes, according to the local law. When the representatives returned to Westminster, they discussed the various customs of the different areas of the country and began to form a consistent body of rules, by accepting customs that seemed rational, such as the feudal system, which is a tiered class system whereby the King owns all the land and under the King, a complex hierarchical chain of nobles distributed power, wealth, and rights down to the level of Lords and in turn each Lord rented land to tenants, offering them protecting in return for other services. The process of looking at various customs and their worth carried on for two centuries, and slowly the principle of 'let the decision stand' arose. ...read more.

Middle

James I made the ruling that when the Common Law and Equity were in conflict, as in The Earl of Oxford's Case, Equity shall always prevail. With this new law meaning that Equity would prevail if conflict arose, there was no reason why the two courts could not be combined, as the two systems would remain separate from each other, and so this was introduced with the Judicature Acts 1873-1875. This meant that all courts could administer both systems, applying both equitable and common law principles to every case and awarding either common law or equitable remedies. The law system was finally established with no problems and common law and equity working together as the twin pillars of English Law. b) Describe and comment on the role of Equity today Although both the common law and equity law down rules, equity also created maxims. These have to be satisfied before equitable rules could be applied, they were designed to ensure morally fair decisions. An example of the maxims is 'he who comes to equity must come with clean hands', an example of this could be that if you desire your tenant to vacate, you must have not violated the tenant's rights. ...read more.

Conclusion

He was responsible for developing the new equitable principle of promissory estoppel, where someone is stopped from going back on a promise. This principle was developed through the High Trees case (1947). This case came about when in 1937 a block of flats was leased for 99 years at a rent of �2,500 per annum. With the bringing of war and many vacancies in the flats, it was agreed in 1940 to reduce the rent by half, with no time limit set for the reduction, and by 1945 the flats were full again. The leasing company wrote to the tenants, claiming the full rent for the last two quarters of 1945, the time when the flats became full. In defence, the tenants claimed that the agreement of 1940 related to the whole term of the lease. The case was settled with the leasing company being successful and able to put the rent back up, on the basis that the agreement was only intended to last until the flats were full. However, the court stated that had they tried to claim the rent for the time when the flats were not full they would have been stopped form doing so as the promise was intended to be binding until such a time as the flats were full. This new concept was introducing an element of fairness into the contract law. Rebecca Turner Assignment 1.1 08/04/2009 ...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)

    Equitable remedies are discretionary and are only awarded at the discretion of the court. The most important equitable remedies are: Injunction, this prevents the defendant from doing or continuing with a unlawful act. In some cases where there is a continuing nuisance, waiting for the case to go to trial

  2. Marked by a teacher

    Common Law and Equity - its history and development

    3 star(s)

    Look at two problems with William's law. William's law was making himself available to any landholder who had a dispute or problem which is known as the King's Justice. One problem with William's law was it was rigid, which meant that Judges have to follow previous decisions even if they do not particularly agree with the decision.

  1. unit6 end of unit assignment civil litigation

    The property thus charged can be disposed of ultimately in order to settle the judgment debt. * Appointment of a receiver where the debtor will be in receipt of income which cannot be attached conveniently by the usual methods of execution (e.g.

  2. Critically evaluate the partial defence of Provocation.

    The judge did not direct the jury as to a possible defence of provocation and Acott was convicted of murder. His appeal was dismissed by the Court of Appeal and the House of Lords. The House stated that as there was no specific evidence of provocation but merely speculation, the

  1. Alternative dispute Resolution

    These recommendations which were enacted in the Civil Procedure Act 1997 which came into force in April 1999 and is referred to as the Civil Procedures Rules (CPR) in 1999. The CPR provides guidance and rules for all the different situations that may occur during a civil claim, so for example Part 1 of CPR sets out Overriding Objectives.

  2. Free essay

    heirachy of civil courts

    (c) The House of Lords The house of lords was not included in the supreme court of judicature.

  1. Torts project - Payment of Compensation in Hit and Run Motor Accident.

    he shall file the claim under either of the said sections and not under both. The adjudicating authorities in all cases would be Motor Accident Claims tribunals (MACT). The Government is empowered to revise the schedule keeping in view the changes in the level of cost of living.

  2. An Evaluation of the Employment Equity Act in Canada

    mental, psychiatric, sensory or learning impairment, believe that they are potentially disadvantaged in employment, and who so identify themselves to an employer, or agree to be so identified by an employer, for the purposes of the Act". 3 Members of visible minorities are persons, other than Aboriginal peoples, who are

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