What were the weaknesses of the common law?

• Writ system –this system did not recognize all possible complaints and delayed administration of justice.
• Inflexibility or rigidity; the common law system of administration was too rigid by reason of the doctrine of stare decisis.
• Delays: administration of justice at common law was excruciatingly slow by reason of a lengthy procedure and defendants. Often relied on standard defenses known as essoins to delay the cause of Justice by pleading sickness, being away on a crusade or being cut by floods.
• Procedural technicalities: common law courts paid undue attention to procedural niceties.
• Inadequate remedies: common law courts could only award damages:- it could not decree specific performance or grant an injunction.
• Non-recognition of trust: – at common law trustee and beneficiaries had no enforceable rights or duties. Since the relationship was not legally recognized. Beneficiaries had no remedies against errant trustees.
• Inadequate protection of borrowes; borrowers who failed to honour their contractual obligations within the required duration often lost their securities. All loans had to be repaid within the contraction period, failing which the security was forfeited.



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