Sources of Law

Sources of Law

1. Statute Law

   • Made by Parliament

2. Common Law

   • Evolved Law - Administered by the courts
     • Judge made (common) law
       • Equity was too Ridgid
         • Laches Defeats Equity
           • application must not be delayed
         • He who comes to Equity must come with clean hand
           • Litigants cannot rely on equity if they are involved in fraud
         • Cannot be defended on procedural formality
           • Looks a the intent rather than the form
     • The Law of Equity
       • 13th Centrey
         • only remedy of damages (money)
       • Based on fairness and natural justice
       • lord Chancellor operates in the Court of Chancery
         • Rules became known as maxims of equity
     • Conflict = Equity prevails over Common law
   • Used to describe non codified (written) basis
     • English legal system
     • As appose to Civil Law - based on Roman system -
       • Based on Roman System
       • Used in europe

3. European Union

   • have become important as we are part of the EU