Equity and common law essay

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Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. If the government was able to to enforce laws,that could be easily followed, then that would increase "liberty" and improve our world. Montesquieu later grew very fond of english government, which was made up of three different parts.
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Essay: Fusion theory in law

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Common law Essays | rich2hrrail.info

Through the fusion of equity to common law we can see that equity has this aspect of flexibility which it offers to common law. This idea of flexibility is beneficial because common law is based on a rigid system where the actions are monitored by a system of rules and judgements, equity goes on to offer an aspect of flexibility to this rigid system of common law. Through the evolvement of equity, we see that people gain equitable interest as well as legal interest, especially with regards to property. Equity In when William the conqueror came to England the law was very different from today. Itinerant judges who would travel around the country settling any disputes administrated it.
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The History Of Equity And Common Law Law Equity Essay

Although equity literally means fairness, we use this term for the body of principles developed by the Court of Chancery. If someone says I don't want the money the damages , I want the land. Equity can: specific performance. Equity may intervene to mitigate the harshness of the common law.
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In this way, equity created new remedies that were not available in the common law courts. At common law, the main remedy that a person could obtain was the remedy of money compensation or damages. However, in equity more…. Thus, there is something uneasy about upholding moral principles society cannot agree upon, especially when this process has no other virtues.
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