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Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law? What are the defects of common law, and to what extend equity have been created.

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Introduction

Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law? What are the defects of common law, and to what extend equity have been created. From the development of common law and equity, what has been the effects of the Judicature Acts 1873-1875? What are the equitable maxims that are needed to be satisfied? What are the various kind of equitable remedies that have been developed? During the Norman Conquest, circuit judges have been travelling from one county court to another in order to settle disputes. Later, common law courts have been developed which apply common laws. In common law courts, if a plaintiff were to bring an action to court, it need to be started by a writ which sets out the ground claims made or it sets out the cause of action. New writs were often created to suit new circumstances. But soon, the creation of new writs have been halted by parliament the supreme body, when the Provision of Oxford 1258 was passed. It is because the creation of new writs eroded the parliament power from enacting laws. Hence, the litigants need to suit their circumstances based on the existing available writs. They need to suit their case squarely into the writ, or else there will be no way of bringing an action to court. ...read more.

Middle

The act had fused the administration of common law and equity. All the courts in the country, will be able to grant common law and equitable remedies. There will not be different procedures, if a plaintiff wants to apply either for common law or equitable remedies. There are equitable maxims that need to be satisfied, before equity rules are applied in the court. These maxims are to ensure consistency and predictability in the law. It is also to ensure that decisions are made morally fair. The maxims are, he who comes to equity must come with clean hands, he who seeks equity must do equity and delay defeats equity. For the first maxim, he who comes to equity must come with clean hands can be construded as when a plaintiff have been themselves in the wrong, equitable remedies will not be granted. In Rees v D&C Builders, the building firm did some work for the Rees couple. The couple had paid proportion from the full amount. When the builders have accomplished their job, they asked for the balance payment from the couple, but the couple refuse to pay the balance of the full amount as they claimed that the builders have done the work deficiently. Hence, the builders reluctantly accepted the amount that the couple is willing to pay as the builders were having financial difficulties. ...read more.

Conclusion

Another example will be the Anton Piller order, which order the defendant to allow the plaintiff's solicitor's to enter into premises to extract relevant incriminating documents relating to the defendant's infringing acts. In additional to that, while for rectification, when a transaction is embodied in a written instrument which, by mistake, does not express the true agreement of the parties, the remedy of rectification is necessary to show that both parties were in complete agreement. No 3rd parties shall involve. Besides that, recission here involve in a contract contains an inherent cause of validity, for example fraud, which makes it voidable at the suit of one parties. If and when that party declares his intention not to be bound by the contract, he is said to rescind it. It places both parties to the position in which they stood before the contract was entered into. Specific performance, is an order to a person to fulfil his obligations under a contract. For example, when contracts have been exchanged for the sale of a house, the court may order a reluctant seller to complete the sale. Hence, the development of changes from common law to equity has benefited the whole society largely as they will be able to seek better redress. It also ensures flexibility in the law as equitable remedies are discretionary. This subject to, thou a plaintiff maybe awarded the common law remedy, but the court have the discretion to chose whether is it just to award equitable remedies. ...read more.

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