Explain the development of Common Law and Equity

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Law (Common Law and Equity) Mind Map on Explain the development of Common Law and Equity, created by she3pwn0 on 04/18/2013.

Created by she3pwn0 over 6 years ago
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Explain the development of Common Law and Equity
1 Common Law and its defects
1.1 Henry II claimed as the "Father of the common law"
1.2 Writ System
1.2.1 The writ system had become very technical and before a case could be brought to court, it would first be required to fit into an existing writ. The claimant would visit an office of writs, If it could not be found then the claimant could not proceed
1.2.2 Following the specifics of Writs, clerks in the chancery began amending and creating further Writs The King felt this to be undermining his power. Provision of Oxford act, 1958, The issue of new writs was forbidden unless authorised by the king
1.2.3 Statute of Westminster II, 1285 The law had become too rigid and inflexible, This act allowed the issue of new writs providing they were similar to those before 1258. Towards the End of the 13th century courts had become extremely restricted.
1.3 Restricted remedies, Only damages available.
2 Equitable Remedies
2.1 Injunctions
2.1.1 A party must do something ot is restrained from doing something Warner bros. v Nelson, 1937
2.2 Specific Performance
2.3 Rescission
2.3.1 When a breach of contract is seen, the involved party is ordered to perform or complete the actions under the contract Patel v Ali, 1984 Ryan v Mutual Westminster Chambers (1893)
2.4 Estoppel
2.4.1 Used to prevent a person from relying on facts A party has said something resulting in an expectation of the other party. The party then relies on such expectation The other party has suffered from such expectations Craddock Brothers v Hunt, 1923
2.5 Rectification
3 Court of Chancery
4 Maxims of Equity
4.1 "Delay Defeats Equity"
4.1.1 Leaf v International Galleries, 1950 Claimant bought painting, 5 years later wanted to rescind the contract which had resulted from the purchase. The Case failed as Lord Denning claimed that the remedy was not exercised within a reasonable time period.
4.2 "He who comes to equity must come with clean hands"
4.2.1 D&C Builders v Rees, 1966 Small building firm done work for Reese at the agreed price of 750 pounds. Rees paid 250 and the bill was reduced by 14 pounds. At that time the agreed bill was £482 and no dispute was made over quality of work. Later Mrs Rees claimed the work to be defective and only paid £300, knowing the business would have to accept due to financial difficulties. The builders sued for the remaining amounts. Lord Denning claimed that Mr and Mrs Rees had taken unfair advantage and therefor the case was won.
4.3 "He who seeks equity must do Equity"
5 Conflict Between Common Law and Equity
5.1 Earl of Oxford's case, 1615
5.2 Common law heavily criticized the varying result of each case, Case by case decisions.
6 The Judicature Acts 1873 - 1875
6.1 Administration was unified and there would no longer be different procedures for seeking equitable and common law remedies.

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