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Friday, November 29, 2013

The law of equity came about to remedy the defects of the common law system. Discuss.(includes how equity came about and its remedies. Bibliography included.)

By the end of the 13th century, the central authority had ceremonious its priority at least partly through the proof of the ordinaryplace equity. The Courts of Exchequer was a court origin all toldy dealing with disputes involving revenue, levy income and revenue legalitys. The Court of Common Pleas was where pleas between grammatical occurrence and subject were brought. And the Kings Bench heard actions to which the King was a party.         The normal lawfulness however, had a number of defects. The inflexibility of the writ constitution appeared to stretch out to hurt because matters that were non within the compass of writes differentiated by the greenness law were dismissed. Furthermore, the commonalty law did not substantiate rights in the property some other than those of hard legal ownership. Nor did it recognize security for loans (mortgages) or the right of 3rd parties in general. The common law courts had no power of enforcement. A lso, it did not allow each form of oral evidence. The only revivify provided by the common law were damages, which were inappropriate in authorized cases. This led to in referee and the need to remedy the sensed weaknesses in the common law system. The more general a regularization, the less likely it is to do justice in all the particular cases to which it applies.
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Moreover, an attempt to crap in advance the qualifications to the rule necessary to do justice in all cases would racecourse to a system of rules alike complex, even if all the problems could be foreseen.         The Court of Chan cery emerged as a solution to the common pro! blems faced by the common law system by administering the law of equity. Proceedings sooner the Chancellor were simple, and were in other respects advantageous when compared with the minutes of the common law courts. Plaintiffs unable to obtain access... If you want to dumbfound a full essay, fix it on our website: OrderCustomPaper.com

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