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Essay / Research Paper Abstract
This 7 page paper looks at why and how the law of equity was created in the interests of justice. The paper traces the development and use of equity law, explains why it was needed and consider how it related to common law in the past and it interlinked today. The paper is written with reference to English law. The bibliography cites 4 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEequit1.rtf
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Unformatted sample text from the term paper:
larger context of law. There are two main sources of law, common law and legislation. Legislation is law which is created by Acts of Parliament, EU legislation and subordinate legislation.
This is purposefully made with consideration ands is the primary source of law. Common law is law created by the courts, meaning it is judge made law, often cited as
case law, common law is created as cases are decided with these cases then setting a precedent for similar later cases. Today equity
may be seen as a part of common law, as technically it is also judge made law. However the reason for its development and the role it plays was to
supplement the flaws with the common law system and to provide justice. The development of equity law followed the development of common law. Common law started out in the
courts such as the Court of the Exchequer, the Court of the Kings Bench and the Court of the Common Pleas. The system
was one which had rigid procedures and little flexibility. This meant the courts had little flexibility and in many cases the cases may be heard and judged to be in
favour of a plaintiff or a defendant, but the ruling would be incapable of dispensing justice due to the limited remedies that the common law courts could provide. A
litigant could win a case but not get the remedy they felt they deserved. The result of this was a practice to petition the King for a remedy based on
fairness and justness. The problem was with the way common law courts were only able to impose financial remedies, which would often fall short of the concept of justice,
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