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Nowadays Equity has become more rigid and has certain rules which must be obeyed by if equity is to be claimed. These rules ore called the Maxims of Equity. Some of the more common maxims include:

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Introduction

Equity - Assignment 1.1 When William I (The Conqueror) first set foot in England, when he invaded in 1066, he found that there was no real law system. All that was there was a muddle of customary rules which differed from village to village. He soon made a change to this though. William was very clever in what ways he used to gain control of the country. Rather than dismissing all of the old customs the people had grown up with, he used them to base his common law. He also claimed all of the English land under the 'feudal system' and only presented land to his supporters who then went on to give land to their followers, slowly getting control over the whole country. William collected lots of information to base his common law on by sending out representatives to the countryside to check out the local laws and to sort out local disputes. ...read more.

Middle

The Chancellor also has the power to provide whatever remedy that he felt was best in the given situation. This made it a much more flexible and fair way of law then common law. Until 1616 both systems were seen as equal but then a case arose, the Earl of Oxford's case, which changed that. The case resulted in both the common law and equity having opposing views of the result. Where the common law argued what the law said to be right, equity showed that this was unfair and proposed a different result. After many arguments the outcome was left up to the King, James I, who said that if disputes occurred between the rules of Common law and Equity, Equity prevails. This was an important decision as it gave Equity the power to fill in the gaps that common rule made. It made it the dominant power of the two. The common laws and Equity are often described as the 'twin pillars' of English law. ...read more.

Conclusion

This could be used against stalkers to make them stay away from you, or against neighbours to make sure they don't make too much noise. 2. Specific Performance: This compels a party to fulfil a previous agreement. This could used if someone promised to sell their house to you then backed out of the agreement. Equity would say that this was unfair and the agreement should be seen through. 3. Rectification: Alters the words of a document which does not express the true intentions of the parties to it. There are many examples that could be used to show rectification. If you change your name then legal documents like your birth certificate and passport would have to be changed. In addition, when getting married or divorced then legal documents have to be changed using rectification. 4. Rescission: Restores parties to a contract to the position they were in before the contact was signed. Like rectification divorce uses rescission. Another example would be when faulty good are returned ?? ?? ?? ?? Nathalie Hartland ...read more.

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