Similarities Between Common Law And Equity Pdf
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- Equity (law)
- The Relationship Between Common Law and Equity
- Differences Between Legal Remedies & Equitable Remedies of Contract Law
In jurisdictions following the English common law system , equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law. For much of its history, the English common law was principally developed and administered in the central royal courts: the Court of King's Bench , the Court of Common Pleas , and the Exchequer.
When your business enters into a contract, you expect the other party to perform in good faith. Nevertheless, if the party does not properly perform its contractual obligations, you can sue for breach of contract in a court of law relying on this basic rule -- whenever a legal wrong is committed, there must be a legal remedy. The court will choose an appropriate legal or equitable remedy to redress the wrong suffered from the nonperforming party's actions. A remedy is a legal way of either placing an aggrieved party back in the position it was in before the nonperformance, or placing the party in the same position as if the contract had been performed. The American legal system was founded on English common law tradition in which, historically, there were two distinct types of courts -- courts of law and courts of equity.
Common law was originally based on the customs and traditions that governed England, and the royal courts were in charge of ensuring the proper administration of these laws. The law of equity is a set of rules created by the courts of Chancery in order to mitigate the harshness that the common law system provided to the country. There is a certain relationship between the common law and equity. The Courts of Chancery introduced the law of equity in order to fill in the gaps of law that common law failed to address. In addition, equity sought to avail a kind of flexibility in the law because the common law presented a rigid system where writs governed the system of judgment.
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The Relationship Between Common Law and Equity
The legal systems of different countries around the world typically follow either the common law or the civil law , or, in some cases, a combination of the two. Broadly speaking, a common law system is based on the concept of judicial precedent. Judges take an active role in shaping the law here, since the decisions a court makes are then used as a precedent for future cases. Whilst common law systems have laws that are created by legislators, it is up to judges to rely on precedents set by previous courts to interpret those laws and apply them to individual cases. In certain common law countries, courts such as the Supreme Court of the United States have the ability to strike down laws that were passed by legislators if those laws are deemed unconstitutional in violation of federal law. By contrast, in the United Kingdom, the concept of parliamentary sovereignty means that legislation can only be amended or revoked by Parliament, not the courts. Civil law systems, on the other hand, place much less emphasis on precedent than they do on the codification of the law.
In law , common law also known as judicial precedent or judge-made law, or case law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision a principle known as stare decisis. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases called a " matter of first impression " , and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue one party or the other has to win, and on disagreements of law, judges make that decision. Common law, as the body of law made by judges,   stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch the interactions among these different sources of law are explained later in this article. Stare decisis , the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in
Some of the differences between common law and Equity are profound, and bridging them requires not just translation but also a kind of transliteration.
Differences Between Legal Remedies & Equitable Remedies of Contract Law
January 28, by Piyali Syam. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. But these divisions are not as clear-cut as they might seem.
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