Equity and the Common Law

What was the different groups the country was split into and what laws did they follow?

North- Danish law Midlands- Mercian law South/West- Wessex law

What were peoples reactions when the common law was established by Henry II in 1189?

- People became dissatisfied with the law and began to petition against the king- 'foundation of justice' - It was not flexible - The only remedy was damages

Name 2 problems of Equity?

1) It became unpredictable with every new Chancellor- 'equity varied with the lenght of thr Chancellor's foot, 2) People did not know weather to follow equit or the law

Name 4 remedies in equity?

1) Specific performance: A party has to perform their part of a contract and is useful where damages were not adequate in the sale of land and the sale of unique items 2) Rectification: Allows are written document to be changed if it does not represent the actual agreement 3) Rescission: A contact can be returned to thirst original position where a contract is misled 4) Injunctions: Stops a person doing a particular act like acting in breach of a contract

What is meant by common law?

A law established by following earlier judical decisions

What are maxims?

A set of principles that have to be followed. The claimant who have themselves been in the wrong will not be granted an equitable remedy- 'He who comes to equity must come with clean hands'

What is meant by equity?

A specific set of legal principles, which add to those provided in the common law

What was a problem with the Common Law?

A writ had to fit the claim

After Henry II established the common law in 1189 why did the Chancellor begin to heat cases?

Because petitions were passed to the Chancellor and by 1475 the Chancellor made decisons on cases and made laws which created a chaotic mess again

How is equity governed today?

By maxims

What happened in leaf v international galleries (1950)?

Claimant brought a painting of by the seller as a genuine constable. 5 years later, the buyer discovered that it was nothing of the part and sought the remedy of rescission. The court held that the delay had been too long

What is Mareva injunctions and what case supports it and what did Lord Denning said about it?

Court order freezing the assets of a party to an action or stopping that party moving assets out of the country Case: Mareva v International Bulkcarries (1975) - Shipowner found out that the charterer had money moved in an English bank and sought an injunction freezing the account - It was held that an order would be granted to stop charterer from moving money abroad before a case was heard - The Due Process of Law (1980): Lord Denning described the Mareva Injuctions as 'The greatest pierce of judicial law reform in my time'

What happened in Chappell v Times Newspaper Ltd (1975)?

Employees were threatened to be sacked unless they stopped their strike Acton applied for an junction. Because the employees refused to stop their strike the injunction was refused- 'delay defeats equities'

What is the Earl of Oxford Case 1615?

Equity should prevail over the law meaning it comes first

How did William the conqueor take control in 1066?

He began standadrising the law by send 'itinrant' judges to different areas of the country ro hear thier disputes then they fed back to the king. The best laws were kept and others were disregared

Who established the common law in 1188?

Henry II

When did Henry II establish the common law?

In 1189

What is the Judicature Act 1873-75?

It provided that equity and the common law should be administrated by all/ same courts with no longer different procedures.

What was thw law like prior to 1066 and why?

It was a chaotic mess because different parts of the countries had different laws meaning there was no central control

What were the judges called that William the Conqueor sent to different area?

Itinrant judges

What happened in D&C Builders v Rees (1966)?

Rees paided more to the builders but the builders sued Rees for the outstanding amount. Rees asked for promissory estoppel to be applied (prevents the builders from going back on their promise). However, Lord Denning refused to aplly doctorine as Rees had taken unfair advantage of the builders and therefore did not come 'with clean hands'. 'He who seeks equity must do equity'

What is Promissory Estoppel and what case supports it?

Stops a promise being withdrawn if it has been made Case: Central London Property Trust v Hugh Trees House Ltd 1947 - lied about rent being payed therefore broke a promise

What is Anton Piller Orders and what case supports it?

Stops evidence being destroyed - in 1975 the High Court stated a grant allowing the plaintiff on to the defendants premises to inspect, copy or remove documents or other objects that were plaintiffs property Case: Anton Piller v Manufacturing Processes Ltd 1976 - these orders have been used for breach of copyright, passing and matrimonial disputes

How was Equity created?

The Court of Chancery could provide whatever remedy best suited the case

What is equity like today?

There is still a body of rules of equity which is distant from common law rules ans acts as an addition to it

What is the Provisions of Oxford 1258?

They said there should be no more writs meaning the systme was dismissed and its development stopped- people believed 'no writs, no remedy'

What does S25 Judicature Act state?

Where there is a conflict between common law and equity, equity will always prevail