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Monday, April 1, 2013

Equity

The trademark of a civilised society is a sufficient legitimate system, and before the Judicature Act of 1873-1875, there existed two parallel court systems, the courts of normal equity and the courts of equity. The courts of common legality could only provide remedies in the form of money damages and recognised only the legal owner of the property, whereas the courts of equity could bang injunctions and remedies of specific performances. Even though todays legal system merges both courts, a big distinction simmer down remains between common law and equity.

Common law has many defects and one of its longest defects is the inflexibility of its writ system. For example, a plaintiff has to ensure his or her case is presented by government agency of correct statement of claim. If details are incorrect, the case top executive be lost imputable to procedural defects even though the plaintiff is legally in the right.

In addition, another great defect of common law is that it only provides remedy in the form of financial compensation for loss suffered. This is unsuitable due to the fact that money cannot actually compensate for the loss of a leg, an eye or a life.

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Furthermore, common law does not provide appropriate remedies because if a plaintiff wishes to prevent the suspect from continuing an activity or to carry out a specific obligation or duty, such remedies are untouchable as this is a general rule in common law.

The harsh and inflexible rules of the courts of common law was deemed to have prevented jurist from prevailing and this caused people to petition to the King through the shaper Chancellor, who was an official close to the sovereign, for a remedy unattainable at common law courts. The Lord Chancellor acted as a conscience for the King that could remedy these defects, because he was one of the principal royal officials, and being closely associated with the King, he was neither abut by the strict rules nor procedures of common law courts, nor was he probable to be bribe or...If you want to get a full essay, order it on our website: Ordercustompaper.com



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