Hi, I need help with essay on Explain the reasons behind the creation of equity. What is it and how is it different from common law What is the present relationship between common law and e. Paper must be at least 1500 words. Please, no plagiarized work!
It is a supplement to strict laws which do not really provide adequate remedy to mistakes or erring actions done. Common law is the set of principles established by the judges based on the cases that have been decided on already. These common laws however cannot be absolute in its application or implementations. There are some cases where it is impossible to apply the general statements established under common law. Application of common law principles at times leans towards injustice, so equity comes in as a rectification or a modification of the law in instances when the law is deemed ineffective or defective.
Equity was created in England when the policies and restrictions of common law failed or were not able to solve all the problems. It developed when laws comprising common law became too rigid and technical that it led to inadequacy in upholding justice. Those who felt that the common law system was inadequate in solving their problems were allowed to air their grievances to the King. A King’s council was established to look into the grievances. The duty later was delegated to one individual who was called the Lord Chancellor and was known to be the “King’s conscience”. The Lord Chancellor presided over the Court of Chancery which only dealt with civil cases such as contract and property disputes or issues. The Court of Chancery soon became an adversary or a challenger of the common law courts and lawyers found it nearly impossible to correctly advise their clients because the Lord Chancellor was unbound by the law and can give any ruling he deemed correct (History of the Judiciary).
A clearer distinction between the Court of Chancery and the English common law courts is that although the English common law courts employed their duties under the general authority of the King, their function is still mainly judicial in nature. This function is limited to the non-discretionary judgment of laws. On the