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

Common Law and Equity Essay.

Extracts from this document...


Common Law and Equity Essay. In very early times - before King Alfred (849-899), there was no system of justice, which applied to the whole of the country. The population was not ruled by a single monarch, transport and communications were available to very few and no law books were available, however, the population was very small at this time, therefore meaning it was not required as much as nowadays. In 1066, William I made changes to the old system, introducing the Curia Regis and appointing judges - common law was first introduced during this time. The king's representatives were sent throughout the land to check local administration and hear local cases. Case were interpreted and customised to suit the whole country. The Common law however, was not written down immediately, however after a period of time it was written down and later a further development was made and the ruling made by kings, were also written down. ...read more.


The Lord Chancellor could base his decisions on conscience and right. This caused friction with common law courts and in 1851 the Court of Appeal in Chancery was introduced, however the Judicature Acts 1873-1875 abolished this court and its jurisdiction transferred to the Court of Appeal. Unlike common law, equity recognised and enforced the rights of the beneficiary - not only as against the trustee but also against any transferee of the legal interest who knew of the interest of the beneficiary. Common law has changed throughout the years however it still fails to comply with all legal aspects of today's population it is for this reason that equity was introduced, equity now helps the justice system work more efficiently. Nowadays, equity is used in many situations, but is mainly used in mortgage and trust problems. The relevance of equity today is highlighted in the promissory estoppel. Lord Denning first suggested it in Central London Property v High Tree House LTD, 1947. ...read more.


Another recent expansion to equity is the Anton Pillars Orders. This orders the defendant to allow the plaintiff to enter his or her premises and take away documents or materials that may be relevant to the case. This is valuable in the case of equity as it prevents s the defendants destroying what may be very valuable evidence. This is highlighted in the case of Anton Pillars KG v Manufacturing Process LTD, 1976. Even though many remedies have been made through equity the Courts are prepared to extend these remedies. The principle that they are all discretionary still remains. Equity has already seen many changes and new areas of law have been developed, however equity and its laws and constantly reviewed and new areas are still being developed. More recent attempts to extend equity have been resisted by the house of Lords (Scandinavian Tanker Co AB v Plota Petroleum Ecutorania, 1981), however more and more possible extensions of equity are constantly being brought before the attention of the House of Lords, enabling equity to continue to grow. Gemma Louise Lang - AS law. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE 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 GCSE Law essays

  1. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    that Christians exact upon Muslims. In their retaliation upon Islamic Syria, the Romans reverse--and thus complete--the lawyer's narrative paradigm that began in similitude. They enact his warning that proximity may harbor and disguise danger, and they model one extreme resolution of the unsettling ambiguities they perceive in such intimacy.


    Such a burden could have taken funding from other, more necessary, areas. In this way, tort law operates for the good of the individual and the greater community. Such a two-fold operation provides society with an efficient tool for development.

  1. Criminal Law (Offences against the person) - revision notes

    In R v Smith 1961 the appeal court concluded that the intention necessary to commit murder was the intention to kill or cause GBH. Murder - Intention to Kill Or - GBH (s18) Or - Direct or Oblique Intention Nedrick 1986 - Was death or GBH a virtual certainty.

  2. In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within ...

    A definition of a trust can be found in the Hague Convention, which provides that "for the purposes of this convention the term 'trust' refers to the legal relationship created inter vivos or on death by a person, the settlor, when assets have been placed under the control of a

  1. Common Law and Equity

    The maxim "no writ, no remedy." The common law was based on the writ system, which could cause difficulty, as it was sometimes difficult to find writs which fitted the exact case. This caused a problem because the 'Provisions of Oxford 1258' forbid the creation of new writs which meant that they had to fit their facts into an exact existing writ.

  2. Inconsistent to draw up the relationship between common law and equity, we firstly have ...

    Many litigants are unable to seek appropriate redress. Common law often look on the procedure rather than the intent. Based on the defects of common law, many litigants petitioned the King, the Justice of Fountain so that the King will be able to preside on the cases.But then later, the King passed the workload to the Lord Chancellor.

  1. 'Gillett v. Holt is a watershed in the law of estoppel. The need to

    of the plaintiff meant that without sufficient judicial precedent to limit it, it might be used to perpetrate the unfairness it was designed to remedy. As the requirements of formality have become tighter and more frequently unsatisfied, proprietary estoppel has taken on greater significance.

  2. The Law Relating to Negotiable Instruments

    Therefore, no one is prejudiced for want of notice. [Sec. 98 (f)] 8. Where the party entitled to notice promises to pay unconditionally the amount due under an instrument after dishonor and with full knowledge of facts. [Sec. 98 (g)] Notary Public The notary public is an officer appointed by

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