Equity

The trademark of a civilised society is a satisfactory legitimate system, and before the Judicature Act of 1873-1875, there existed devil parallel court systems, the courts of normal equity and the courts of equity. The courts of reciprocal effectuality could only provide remedies in the form of money return and recognised only the legal owner of the property, whereas the courts of equity could sock injunctions and remedies of specific performances. Even though todays legal system merges both courts, a big distinction boil down remains between green impartiality and equity. reciprocal law has many defects and one of its longest defects is the inflexibility of its writ system. For example, a plaintiff has to ensure his or her case is presented by government agency of correct statement of claim. If details argon incorrect, the case top executive be lost due to procedural defects even though the plaintiff is legally in the right. In addit ion, another great defect of common law is that it only provides recreate in the form of financial remuneration for loss suffered. This is unsuitable due to the fact that money cannot very compensate for the loss of a leg, an eye or a life.

Furthermore, common law does not provide appropriate remedies because if a plaintiff wishes to prevent the suspect from continuing an activity or to carry out a specific obligation or duty, such remedies are untouchable as this is a prevalent rule in common law. The harsh and inflexible rules of the courts of common law was deemed to have prevented jurist from pre vailing and this caused people to supplicat! e to the King through the shaper Chancellor, who was an official close to the sovereign, for a remedy unattainable at common law courts. The master key Chancellor acted as a conscience for the King that could remedy these defects, because he was one of the principal royal officials, and being closely associated with the King, he was neither abut by the strict rules nor procedures of common law courts, nor was he probable to be bribe or...If you require to get a full essay, order it on our website: OrderCustomPaper.com

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