Explain the development of Common Law and Equity

Explain the development of Common Law and Equity

1. Common Law and its defects

   • Henry II claimed as the "Father of the common law"
   • Writ System
     • 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
     • 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
     • 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.
   • Restricted remedies, Only damages available.

2. Equitable Remedies

   • Injunctions
     • A party must do something ot is restrained from doing something
       • Warner bros. v Nelson, 1937
   • Specific Performance
   • Rescission
     • 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)
   • Estoppel
     • 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
   • Rectification

3. Court of Chancery

4. Maxims of Equity

   • "Delay Defeats Equity"
     • 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.
   • "He who comes to equity must come with clean hands"
     • 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.
   • "He who seeks equity must do Equity"

5. Conflict Between Common Law and Equity

   • Earl of Oxford's case, 1615
   • Common law heavily criticized the varying result of each case, Case by case decisions.

6. The Judicature Acts 1873 - 1875

   • Administration was unified and there would no longer be different procedures for seeking equitable and common law remedies.