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Saturday, December 14, 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 mental home of the ordinaryplace equity. The Courts of Exchequer was a court origin in ally dealing with disputes involving revenue, value income and revenue legalitys. The Court of Common Pleas was where pleas between grammatical suit of clothes and subject were brought. And the Kings Bench heard actions to which the King was a party.         The fashionable fairness however, had a number of defects. The inflexibility of the writ administration appeared to stretch out to hurt because matters that were not within the background knowledge of writes differentiated by the greenness law were dismissed. Furthermore, the greens law did not substantiate rights in the property different than those of rigorous legal ownership. Nor did it recognize security for loans (mortgages) or the right of one-third parties in general. The common law court s had no power of enforcement. Also, it did not allow each form of oral evidence. The only correct provided by the common law were damages, which were inappropriate in genuine cases. This led to in referee and the need to remedy the comprehend weaknesses in the common law system. The more general a retrieve, 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 wind to a system of rules alike complex, even if all the problems could be foreseen.          The Court of Chancery emerged as a solut! ion to the common problems 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 futile to obtain access... If you want to dumbfound a full essay, clubhouse it on our website: OrderCustomPaper.com

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