-
Introduction to Equity & Trusts
#law #education #legal
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
Citations and Further Reading:
- G. Virgo, The Principles of Equity & Trusts (Oxford University Press, 2023).
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
Image(s) Copyright: This Photo by Unknown Author is licensed under CC BY-SA
published: 21 Sep 2023
-
What is Equity?
#education #law #learning
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
- G. Virgo, The Principles of Equity & Trusts (Oxford University Press, 2023).
- G. Watt, Equity & Trusts Law Directions (Oxford University Press 2021).
- S. Panesar, Equity and Trusts (Longman Law Series, Pearson 2020).
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
Image(s) Copyright: This Photo by Unknown Author is licensed under CC BY-SA
published: 05 Oct 2023
-
Garnishments , Equity Status & Surety
**Not Financial Advice
Garnishments , Equity Status & Surety
Amyr is an educational consultant
Amyr - IG AMYR_LAW
published: 26 Apr 2023
-
Trust Law in 4 Minutes
Let's talk about that time I was given money to buy you an ice cream, and trust law intervened to stop me from eating it.
~
To check out all my videos, comics, and blog posts explaining law in simple terms, check out my website at https://whatislaweven.com ^^
~
Contract Law: https://youtu.be/VTQn0ogo4ms
Tort Law: https://youtu.be/TFdprG8tXzY
Land Law: https://youtu.be/X14B37hYm1k
Company Law (1/3): https://youtu.be/CeuHIjsAN4Q
Company Law (2/3): https://youtu.be/YQ5jL1gJoNo
Company Law (3/3): https://youtu.be/4F80a5uXQSk
Trust Law: [you are here!]
Criminal Law: https://youtu.be/YVGpOJaO5xo
Constitutional Law: https://youtu.be/RwgCFYF_4VU
published: 21 May 2020
-
Win In Court - Subrogation Update & Express The Trust
http://youarelaw.org - Be advised we cannot answer most questions here but do respond to our private Premium Members, due to the sheer volume of questions. One key to winning a court case as a defendant or someone being sued, is to not play the game. It's really about trusts and establishing you proper position as a beneficial interest title holder - no as much the allegation etc. You are "charged" with a "bill" (indictment is called a true bill, or a suit claims a bill, effectively. So settle it instead). Also know you procedures as taught via http://youarelaw.org/jd
NOT LEGAL ADVICE - seek competent counsel if you can find some that would cover this.
Learn more at http://youarelaw.org
published: 06 Feb 2019
-
How the Court of Equity Can Make a Difference in Your Case
In this video, you get answers to these questions:
00:00 What Is the Court of Equity? Is Equity Part of the Legal System?
01:24 A Little Story
03:09 What Is the Point Here?
04:00 Outro
QUESTIONS? Do you have questions about this topic or anything else? Ask in the comments below.
➡️ You can learn more in this blog post:
https://aaronhall.com/how-the-court-of-equity-can-make-a-difference-in-your-case
➡️ Get related resources:
https://aaronhall.com/what-is-the-court-of-equity/
https://aaronhall.com/should-my-court-arguments-be-emotional-or-logical/
➡️ Download the 7 Common Legal Mistakes Made by New Businesses.
You can get it for FREE at https://aaronhall.com/free
➡️ Get more videos like this by subscribing:
https://www.youtube.com/@Hall
➡️ See the video equipment and tools I use at
...
published: 07 Jun 2023
-
TIME TO LEARN THE REAL LAW - THE RULES OF EQUITY ARE SUPREME LAW OF THE LAND
Get our FREE Peace Keepers and Court Auditor courses here at https://peacekeepers.org.uk/
FREE Council Tax dispute challenge download here https://noc.peacekeepers.org.uk/
"Peace Keepers have been created to help secure a just and equitable existence., coming together to defend the peoples peace, to restore and preserve our inalienable rights, the highest standing in truth to be sovereign."
Nothing can be done to the prejudice of the people.
(Bill of Rights 1688)
Law is the people’s birth right.
(Act of Settlement 1700)
All are equal under the law.
No one is above the law.
Ignorance of the law is no excuse.
No one can knowingly impose their will upon any other without freewill.
Everybody has lawful excuse to the right of self defence.
---------------------------------
published: 21 Feb 2023
-
2 7 Common Law and Equity
published: 05 Jul 2013
-
Law of Equity One Shot Revision | Complete Law of Equity in One Video | Judiciary Exam Preparation
Law of Equity One Shot Revision | Complete Law of Equity in One Video | Judiciary Exam Preparation
Are you looking to prepare for Judiciary Exams? Then you must need to understand Law of Equity. In this session we will learn entire law in just one lecture. Here you will get to know the essentials of this area of law, giving you a great overview of what it's all about. Packed with detailed information and helpful examples, this video will provide everything that you need to know. Don't miss out on your chance to learn more - watch now!
Get Absolutely FREE🥳 Judiciary 2023 Preparation Study Material🔥: https://bit.ly/3qXXmOl
For our Judiciary Workshops - https://edu.toprankers.com/judiciary-live-webinar-event
Register now for FREE Demo Classes and FREE Mentorship Sessions with our experts: h...
published: 01 Jun 2023
-
Common Law & Equity
The English legal system is a common law system, and as such judicial decision- making plays a significant role in the development and refinement of the law. So, what are the origins of a mechanism so intricate and deeply enrooted in the English legal system?
Prior to the Norman Conquest in 1066 there was no unified legal system in England and Wales. Different regions had different practices, which were influenced by local customs and conventions. Law enforcement was the responsibility of regional Lords and Sheriffs. There was no recognisable central government at this time. When William the Conqueror came to the throne, he sought to establish a
single, unified legal system and a centralised government. He achieved this unification by travelling
throughout the country with his justices, to...
published: 21 Dec 2018
11:54
Introduction to Equity & Trusts
#law #education #legal
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
Cita...
#law #education #legal
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
Citations and Further Reading:
- G. Virgo, The Principles of Equity & Trusts (Oxford University Press, 2023).
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
Image(s) Copyright: This Photo by Unknown Author is licensed under CC BY-SA
https://wn.com/Introduction_To_Equity_Trusts
#law #education #legal
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
Citations and Further Reading:
- G. Virgo, The Principles of Equity & Trusts (Oxford University Press, 2023).
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
Image(s) Copyright: This Photo by Unknown Author is licensed under CC BY-SA
- published: 21 Sep 2023
- views: 9322
10:51
What is Equity?
#education #law #learning
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
...
#education #law #learning
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
- G. Virgo, The Principles of Equity & Trusts (Oxford University Press, 2023).
- G. Watt, Equity & Trusts Law Directions (Oxford University Press 2021).
- S. Panesar, Equity and Trusts (Longman Law Series, Pearson 2020).
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
Image(s) Copyright: This Photo by Unknown Author is licensed under CC BY-SA
https://wn.com/What_Is_Equity
#education #law #learning
The Law Academy is a project designed to provide legal education for students studying law in the UK. Subscribe for more content.
- G. Virgo, The Principles of Equity & Trusts (Oxford University Press, 2023).
- G. Watt, Equity & Trusts Law Directions (Oxford University Press 2021).
- S. Panesar, Equity and Trusts (Longman Law Series, Pearson 2020).
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
Image(s) Copyright: This Photo by Unknown Author is licensed under CC BY-SA
- published: 05 Oct 2023
- views: 5875
30:38
Garnishments , Equity Status & Surety
**Not Financial Advice
Garnishments , Equity Status & Surety
Amyr is an educational consultant
Amyr - IG AMYR_LAW
**Not Financial Advice
Garnishments , Equity Status & Surety
Amyr is an educational consultant
Amyr - IG AMYR_LAW
https://wn.com/Garnishments_,_Equity_Status_Surety
**Not Financial Advice
Garnishments , Equity Status & Surety
Amyr is an educational consultant
Amyr - IG AMYR_LAW
- published: 26 Apr 2023
- views: 13776
4:06
Trust Law in 4 Minutes
Let's talk about that time I was given money to buy you an ice cream, and trust law intervened to stop me from eating it.
~
To check out all my videos, comics...
Let's talk about that time I was given money to buy you an ice cream, and trust law intervened to stop me from eating it.
~
To check out all my videos, comics, and blog posts explaining law in simple terms, check out my website at https://whatislaweven.com ^^
~
Contract Law: https://youtu.be/VTQn0ogo4ms
Tort Law: https://youtu.be/TFdprG8tXzY
Land Law: https://youtu.be/X14B37hYm1k
Company Law (1/3): https://youtu.be/CeuHIjsAN4Q
Company Law (2/3): https://youtu.be/YQ5jL1gJoNo
Company Law (3/3): https://youtu.be/4F80a5uXQSk
Trust Law: [you are here!]
Criminal Law: https://youtu.be/YVGpOJaO5xo
Constitutional Law: https://youtu.be/RwgCFYF_4VU
https://wn.com/Trust_Law_In_4_Minutes
Let's talk about that time I was given money to buy you an ice cream, and trust law intervened to stop me from eating it.
~
To check out all my videos, comics, and blog posts explaining law in simple terms, check out my website at https://whatislaweven.com ^^
~
Contract Law: https://youtu.be/VTQn0ogo4ms
Tort Law: https://youtu.be/TFdprG8tXzY
Land Law: https://youtu.be/X14B37hYm1k
Company Law (1/3): https://youtu.be/CeuHIjsAN4Q
Company Law (2/3): https://youtu.be/YQ5jL1gJoNo
Company Law (3/3): https://youtu.be/4F80a5uXQSk
Trust Law: [you are here!]
Criminal Law: https://youtu.be/YVGpOJaO5xo
Constitutional Law: https://youtu.be/RwgCFYF_4VU
- published: 21 May 2020
- views: 44040
45:47
Win In Court - Subrogation Update & Express The Trust
http://youarelaw.org - Be advised we cannot answer most questions here but do respond to our private Premium Members, due to the sheer volume of questions. One ...
http://youarelaw.org - Be advised we cannot answer most questions here but do respond to our private Premium Members, due to the sheer volume of questions. One key to winning a court case as a defendant or someone being sued, is to not play the game. It's really about trusts and establishing you proper position as a beneficial interest title holder - no as much the allegation etc. You are "charged" with a "bill" (indictment is called a true bill, or a suit claims a bill, effectively. So settle it instead). Also know you procedures as taught via http://youarelaw.org/jd
NOT LEGAL ADVICE - seek competent counsel if you can find some that would cover this.
Learn more at http://youarelaw.org
https://wn.com/Win_In_Court_Subrogation_Update_Express_The_Trust
http://youarelaw.org - Be advised we cannot answer most questions here but do respond to our private Premium Members, due to the sheer volume of questions. One key to winning a court case as a defendant or someone being sued, is to not play the game. It's really about trusts and establishing you proper position as a beneficial interest title holder - no as much the allegation etc. You are "charged" with a "bill" (indictment is called a true bill, or a suit claims a bill, effectively. So settle it instead). Also know you procedures as taught via http://youarelaw.org/jd
NOT LEGAL ADVICE - seek competent counsel if you can find some that would cover this.
Learn more at http://youarelaw.org
- published: 06 Feb 2019
- views: 246926
5:01
How the Court of Equity Can Make a Difference in Your Case
In this video, you get answers to these questions:
00:00 What Is the Court of Equity? Is Equity Part of the Legal System?
01:24 A Little Story
03:09 What Is th...
In this video, you get answers to these questions:
00:00 What Is the Court of Equity? Is Equity Part of the Legal System?
01:24 A Little Story
03:09 What Is the Point Here?
04:00 Outro
QUESTIONS? Do you have questions about this topic or anything else? Ask in the comments below.
➡️ You can learn more in this blog post:
https://aaronhall.com/how-the-court-of-equity-can-make-a-difference-in-your-case
➡️ Get related resources:
https://aaronhall.com/what-is-the-court-of-equity/
https://aaronhall.com/should-my-court-arguments-be-emotional-or-logical/
➡️ Download the 7 Common Legal Mistakes Made by New Businesses.
You can get it for FREE at https://aaronhall.com/free
➡️ Get more videos like this by subscribing:
https://www.youtube.com/@Hall
➡️ See the video equipment and tools I use at
https://aaronhall.com/what-i-use/
➡️ Connect with me here:
https://linkedin.com/in/aaronhall/
https://twitter.com/aaronhall/
https://facebook.com/AaronHallAttorney/
https://youtube.com/@Hall
https://www.instagram.com/aaronhallattorney/
https://www.tiktok.com/@aaronhallattorney
https://aaronhall.com
Disclaimer:
This is educational information to help you spot issues to discuss with a lawyer in your jurisdiction. See our Terms of Use: https://aaronhall.com/tou/.
If you buy something from a link here, we may earn a commission. This helps support the creation of these videos. Thank you.
https://wn.com/How_The_Court_Of_Equity_Can_Make_A_Difference_In_Your_Case
In this video, you get answers to these questions:
00:00 What Is the Court of Equity? Is Equity Part of the Legal System?
01:24 A Little Story
03:09 What Is the Point Here?
04:00 Outro
QUESTIONS? Do you have questions about this topic or anything else? Ask in the comments below.
➡️ You can learn more in this blog post:
https://aaronhall.com/how-the-court-of-equity-can-make-a-difference-in-your-case
➡️ Get related resources:
https://aaronhall.com/what-is-the-court-of-equity/
https://aaronhall.com/should-my-court-arguments-be-emotional-or-logical/
➡️ Download the 7 Common Legal Mistakes Made by New Businesses.
You can get it for FREE at https://aaronhall.com/free
➡️ Get more videos like this by subscribing:
https://www.youtube.com/@Hall
➡️ See the video equipment and tools I use at
https://aaronhall.com/what-i-use/
➡️ Connect with me here:
https://linkedin.com/in/aaronhall/
https://twitter.com/aaronhall/
https://facebook.com/AaronHallAttorney/
https://youtube.com/@Hall
https://www.instagram.com/aaronhallattorney/
https://www.tiktok.com/@aaronhallattorney
https://aaronhall.com
Disclaimer:
This is educational information to help you spot issues to discuss with a lawyer in your jurisdiction. See our Terms of Use: https://aaronhall.com/tou/.
If you buy something from a link here, we may earn a commission. This helps support the creation of these videos. Thank you.
- published: 07 Jun 2023
- views: 1313
3:28
TIME TO LEARN THE REAL LAW - THE RULES OF EQUITY ARE SUPREME LAW OF THE LAND
Get our FREE Peace Keepers and Court Auditor courses here at https://peacekeepers.org.uk/
FREE Council Tax dispute challenge download here https://noc.peacekeep...
Get our FREE Peace Keepers and Court Auditor courses here at https://peacekeepers.org.uk/
FREE Council Tax dispute challenge download here https://noc.peacekeepers.org.uk/
"Peace Keepers have been created to help secure a just and equitable existence., coming together to defend the peoples peace, to restore and preserve our inalienable rights, the highest standing in truth to be sovereign."
Nothing can be done to the prejudice of the people.
(Bill of Rights 1688)
Law is the people’s birth right.
(Act of Settlement 1700)
All are equal under the law.
No one is above the law.
Ignorance of the law is no excuse.
No one can knowingly impose their will upon any other without freewill.
Everybody has lawful excuse to the right of self defence.
---------------------------------
https://wn.com/Time_To_Learn_The_Real_Law_The_Rules_Of_Equity_Are_Supreme_Law_Of_The_Land
Get our FREE Peace Keepers and Court Auditor courses here at https://peacekeepers.org.uk/
FREE Council Tax dispute challenge download here https://noc.peacekeepers.org.uk/
"Peace Keepers have been created to help secure a just and equitable existence., coming together to defend the peoples peace, to restore and preserve our inalienable rights, the highest standing in truth to be sovereign."
Nothing can be done to the prejudice of the people.
(Bill of Rights 1688)
Law is the people’s birth right.
(Act of Settlement 1700)
All are equal under the law.
No one is above the law.
Ignorance of the law is no excuse.
No one can knowingly impose their will upon any other without freewill.
Everybody has lawful excuse to the right of self defence.
---------------------------------
- published: 21 Feb 2023
- views: 3555
27:56
Law of Equity One Shot Revision | Complete Law of Equity in One Video | Judiciary Exam Preparation
Law of Equity One Shot Revision | Complete Law of Equity in One Video | Judiciary Exam Preparation
Are you looking to prepare for Judiciary Exams? Then you mus...
Law of Equity One Shot Revision | Complete Law of Equity in One Video | Judiciary Exam Preparation
Are you looking to prepare for Judiciary Exams? Then you must need to understand Law of Equity. In this session we will learn entire law in just one lecture. Here you will get to know the essentials of this area of law, giving you a great overview of what it's all about. Packed with detailed information and helpful examples, this video will provide everything that you need to know. Don't miss out on your chance to learn more - watch now!
Get Absolutely FREE🥳 Judiciary 2023 Preparation Study Material🔥: https://bit.ly/3qXXmOl
For our Judiciary Workshops - https://edu.toprankers.com/judiciary-live-webinar-event
Register now for FREE Demo Classes and FREE Mentorship Sessions with our experts: https://bit.ly/3SubOta
-----------------------------------
A quick summary of why to take our course?
Expert faculty with decades of teaching experience (guide you to the success point) 👨🏫
Interactive live classes (for complete conceptual clarity) 💻
Exhaustive Mock Tests (to make you exam ready) 📝
Regular Assessments ( to analyse your progress) 📜
Thousands of Practice questions (covering all topics) 📚
Course language (Hindi & English)
Course Highlights:
💻 1200+ Hours of Online Live Classes for Judicial Services
😊 Classroom Environment
🙋 Doubt Clearing Sessions
📝 Periodic Preparation Tests
👨🏫 Personalised Mentoring
Subscribe to our channel and press the 🔔 button for the upcoming sessions.
---------------------------------------------------------------
Follow us on social media channels for all the last updates on upcoming batches:
👉 Telegram Channel: https://t.me/JudiciaryGold
👉 Instagram: https://bit.ly/3pmi6zl
👉 Facebook: https://bit.ly/3pnEIPY
---------------------------------------------------------
#lawofequity #judiciarypreparation #judiciarygold
https://wn.com/Law_Of_Equity_One_Shot_Revision_|_Complete_Law_Of_Equity_In_One_Video_|_Judiciary_Exam_Preparation
Law of Equity One Shot Revision | Complete Law of Equity in One Video | Judiciary Exam Preparation
Are you looking to prepare for Judiciary Exams? Then you must need to understand Law of Equity. In this session we will learn entire law in just one lecture. Here you will get to know the essentials of this area of law, giving you a great overview of what it's all about. Packed with detailed information and helpful examples, this video will provide everything that you need to know. Don't miss out on your chance to learn more - watch now!
Get Absolutely FREE🥳 Judiciary 2023 Preparation Study Material🔥: https://bit.ly/3qXXmOl
For our Judiciary Workshops - https://edu.toprankers.com/judiciary-live-webinar-event
Register now for FREE Demo Classes and FREE Mentorship Sessions with our experts: https://bit.ly/3SubOta
-----------------------------------
A quick summary of why to take our course?
Expert faculty with decades of teaching experience (guide you to the success point) 👨🏫
Interactive live classes (for complete conceptual clarity) 💻
Exhaustive Mock Tests (to make you exam ready) 📝
Regular Assessments ( to analyse your progress) 📜
Thousands of Practice questions (covering all topics) 📚
Course language (Hindi & English)
Course Highlights:
💻 1200+ Hours of Online Live Classes for Judicial Services
😊 Classroom Environment
🙋 Doubt Clearing Sessions
📝 Periodic Preparation Tests
👨🏫 Personalised Mentoring
Subscribe to our channel and press the 🔔 button for the upcoming sessions.
---------------------------------------------------------------
Follow us on social media channels for all the last updates on upcoming batches:
👉 Telegram Channel: https://t.me/JudiciaryGold
👉 Instagram: https://bit.ly/3pmi6zl
👉 Facebook: https://bit.ly/3pnEIPY
---------------------------------------------------------
#lawofequity #judiciarypreparation #judiciarygold
- published: 01 Jun 2023
- views: 4614
4:06
Common Law & Equity
The English legal system is a common law system, and as such judicial decision- making plays a significant role in the development and refinement of the law. So...
The English legal system is a common law system, and as such judicial decision- making plays a significant role in the development and refinement of the law. So, what are the origins of a mechanism so intricate and deeply enrooted in the English legal system?
Prior to the Norman Conquest in 1066 there was no unified legal system in England and Wales. Different regions had different practices, which were influenced by local customs and conventions. Law enforcement was the responsibility of regional Lords and Sheriffs. There was no recognisable central government at this time. When William the Conqueror came to the throne, he sought to establish a
single, unified legal system and a centralised government. He achieved this unification by travelling
throughout the country with his justices, to hear disputes and administer justice. These travelling courts
were called the Curia Regis. The King and his justices carefully selected laws and customs from different
areas of the country and began to apply them consistently throughout the realm. In historical terms this
is the origin of the ‘common law system’: a legal system which is ‘common’ to the country as a whole.
As the common law was gradually developed, it slowly became more and more rigid, until eventually its
development stalled. The factors causing the rigidity were many. The early common law operated on the
basis of a restrictive form of stare decisis. This strict form of precedent meant that judges were bound to
follow decisions made in earlier cases. There were inadequate mechanisms available to avoid ‘bad’
decisions, and as a consequence the law became stale and inflexible. To add, the only available remedy
at the time was damages, or in other words, monetary compensations. This was not always a suitable
remedy.
As a result of these defects and other inefficiencies in the common law system, many individuals were
left without adequate means of redress. Individuals began to petition the King, requesting the resolution
of their dispute. As the number of petitions increased, the King delegated the responsibility of hearing
these disputes to the Lord Chancellor, who was free to determine individual cases on the basis of ‘what
seemed right’, without worrying about precedent. A body of distinct rules began to emerge from these
courts, known as the ‘rules of equity’. The courts of equity also developed a number of innovative
remedies; known as ‘equitable remedies’. These, in essence, supplemented those available at common
law, and included the likes of specific performance, injunctions, rectification, and rescission. The most
important point to note in relation to equitable remedies is that they are discretionary in nature. This
can be contrasted with damages that are available as of right. A particular problem that arose as a result
of the development of equity was the operation of two bodies of law within one, apparently unified
system. The common law had one body of rules that were applied only in the common law courts.
Equity, on the other hand, had an entirely different body of rules, available only in the Chancery Courts.
This situation inevitably led to conflict, which was eventually resolved in the Earl of Oxford’s Case. The
case held that in the event of conflict between the two, equity would prevail.
In circumstances where a claimant requested an equitable remedy it was essential that they
commenced proceedings in the Courts of Equity. Common law courts were unable to administer
equitable principles and remedies. Eventually it was decided that there was no need for equitable
principles and common law principles to operate in separate courts. Nor was it necessary for the
common law courts and the courts of equity to operate different procedures. As a result, The Judicature
Acts of 1873–75 provided that equitable and common law principles and remedies would now operate
in all courts. It is worth noting that the Judicature Acts did not fuse equity and the common law. In
reality, it simply brought together the administration of equity and the common law. The common law
and equity, therefore, continue to exist as separate bodies of law.
https://wn.com/Common_Law_Equity
The English legal system is a common law system, and as such judicial decision- making plays a significant role in the development and refinement of the law. So, what are the origins of a mechanism so intricate and deeply enrooted in the English legal system?
Prior to the Norman Conquest in 1066 there was no unified legal system in England and Wales. Different regions had different practices, which were influenced by local customs and conventions. Law enforcement was the responsibility of regional Lords and Sheriffs. There was no recognisable central government at this time. When William the Conqueror came to the throne, he sought to establish a
single, unified legal system and a centralised government. He achieved this unification by travelling
throughout the country with his justices, to hear disputes and administer justice. These travelling courts
were called the Curia Regis. The King and his justices carefully selected laws and customs from different
areas of the country and began to apply them consistently throughout the realm. In historical terms this
is the origin of the ‘common law system’: a legal system which is ‘common’ to the country as a whole.
As the common law was gradually developed, it slowly became more and more rigid, until eventually its
development stalled. The factors causing the rigidity were many. The early common law operated on the
basis of a restrictive form of stare decisis. This strict form of precedent meant that judges were bound to
follow decisions made in earlier cases. There were inadequate mechanisms available to avoid ‘bad’
decisions, and as a consequence the law became stale and inflexible. To add, the only available remedy
at the time was damages, or in other words, monetary compensations. This was not always a suitable
remedy.
As a result of these defects and other inefficiencies in the common law system, many individuals were
left without adequate means of redress. Individuals began to petition the King, requesting the resolution
of their dispute. As the number of petitions increased, the King delegated the responsibility of hearing
these disputes to the Lord Chancellor, who was free to determine individual cases on the basis of ‘what
seemed right’, without worrying about precedent. A body of distinct rules began to emerge from these
courts, known as the ‘rules of equity’. The courts of equity also developed a number of innovative
remedies; known as ‘equitable remedies’. These, in essence, supplemented those available at common
law, and included the likes of specific performance, injunctions, rectification, and rescission. The most
important point to note in relation to equitable remedies is that they are discretionary in nature. This
can be contrasted with damages that are available as of right. A particular problem that arose as a result
of the development of equity was the operation of two bodies of law within one, apparently unified
system. The common law had one body of rules that were applied only in the common law courts.
Equity, on the other hand, had an entirely different body of rules, available only in the Chancery Courts.
This situation inevitably led to conflict, which was eventually resolved in the Earl of Oxford’s Case. The
case held that in the event of conflict between the two, equity would prevail.
In circumstances where a claimant requested an equitable remedy it was essential that they
commenced proceedings in the Courts of Equity. Common law courts were unable to administer
equitable principles and remedies. Eventually it was decided that there was no need for equitable
principles and common law principles to operate in separate courts. Nor was it necessary for the
common law courts and the courts of equity to operate different procedures. As a result, The Judicature
Acts of 1873–75 provided that equitable and common law principles and remedies would now operate
in all courts. It is worth noting that the Judicature Acts did not fuse equity and the common law. In
reality, it simply brought together the administration of equity and the common law. The common law
and equity, therefore, continue to exist as separate bodies of law.
- published: 21 Dec 2018
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