Explain the key distinctions between common law and equity

Common Law Equity
·    This is a branch of the Law of England which was developed by the ancient common law courts from customs, usages and practices of the English people.

 

·    Developed as a complete system of law.

·    Common law act is rem

 

·        Developed from customs, usages and practices of the people.

 

·        Developed before equity

 

·    Common law rights are enforced as of right

 

·    Developed on the basis of the writ system and stare decisis

 

·    If common law and equity conflict, equity prevails.

·    This is a branch of the law of England which was developed by the various Lord

Chancellor‟s courts to supplement the

common law.

 

·    Was not a complete system.

·    Equity acts in personam

·    Developed on the basis of the principal of fairness or justice.

 

·    Developed to mitigate the harshness of the common law

 

·    Develop  additional  remedies  e.g. injunction, specific performance, tracing etc.

·    Equitable rights are discretional

·    Developed after the common law.



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