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Essay / Research Paper Abstract
This 6 page paper examines the development and role of equity law, looking at why and how it developed to supplement common law and dispense justice. The paper traces the role of the Lord Chancellor and considers how equity law still has a role to play today. The paper is written with reference to English law. The bibliography cites 5 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEequity.rtf
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Unformatted sample text from the term paper:
different. The rules have developed separately from common law, and have traditionally been enforced by the Court of Chancery (Card et al, 1998). They may be seen as a
gloss, meaning that they are a supplement to common law. Looking to the role of equity this is an area of law that may be seen as filling the holes
that the common law left. Common law only established law as relevant cases arose and with a wide range of circumstances it is
unsurprising that common law would need to be supplemented. It can be argued that this forms the third leg of the law creating a stable framework (James, 1998). In
this way the English legal process was made complete. The development of equity law can be traced back to when the Royal courts of
Justice were at Westminster Hall. The hall had the three law courts on one side of the hall and the Court of the Chancery on the other side. The litigants
that came to this court where those who were unable to gain justice in the common law courts. They litigants would be able
to move across the hall from one law court to the Lord Chancerys division to try and get justice when they had had their case heard and often had their
case won through a limited writ that did not give have the option of flexibility in remedy. For example, a common law court could not enforce a contract or enforce
a specific action, nor could they grant an injunction. The origins of the office of the Lord Chancellor had led to this role.
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