The differences between common law and equity.

Common legality evolved over time as a arbitrator made law (according to doctrine of precedent.) In viridity law the king was the head of the government. Common law was the law administered by the royal courts and as such a more measure set of rules based on customary law was step by step enforced throughout the whole of England and countries derived from England. E.g. Australia, Canada New Zealand and the United States

Common laws rules were withal broad to deal with governing a society as complex as England.

Originally people had to go to the king in order to ask for justness. The king and his council would listen to the application and in many cases modify the decision made by joint law courts. Equity was soon developed to address common laws weaknesses and inadequacies. Equity refers to rules developed that look at what is fair or just in individual cases. Equitys rules do not contravene the common law, rather they aim at securing substantial justice when the rule of common law might see injustice.

Common laws courts were hold in in their judgements to award money or the recovery of in the flesh(predicate) property. They were also not equipped to deal with cases arising out of scotch transactions. Essentially common law lacked the ability to right a huge range of wrongs.

Equity on the other hand shtup cancel a document, compel the delivery of deeds or specific personal property, or demand specific surgical operation of a contract.



The courts of equity (Chancery Courts) can also issue a declaratory judgements and injunctions (a judicial remedy issued in order to abate a party from doing or continuing to do a certain activity.)

All transfers of rubrics to property were regarded by the common law courts as unconditional. The result was that the courts were helpless to enforce the original owners intentions. Once title had been transferred ownership was regarded as absolute and this was true even when antic was involved. The Chancery courts were under no such constraint.

The courts of chancery were in position to grant relief in any instances where a person could not be awarded a remedy in common law, even when entitled to it.

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