Common law may be described as a branch of the law of England which was developed
by the ancient common law courts from the customs, usages and usages of the English
people.
These courts applied the peoples way of life in the settlement of disputes thereby giving
such customs the force of law. The courts standardized and universalized customs. The
common law was characterized by the writ system and stare decisis.
The common law system of administration of justice was rigid, slow, had insufficient
remedies, did not recognize trust and was highly technical. The courts could only award
damages. Common law acts in rem.
Equity ordinarily means fairness or justice. It is that branch of the law of England which
was developed by the various Lord Chancellors courts to supplement the common law.
It developed to mitigate the harshness of the common law as well as fill in the gaps in
the common law system. It is therefore an addendum to the common law.
Equity was developed by a different system of court and on the basis of different
principles namely fairness.
Administration of justice was speedy and the system was very flexible. Equity developed
the so-called maxims of equity, additional remedies, recognized trusts and enhanced
protection of borrowers. Equity acts in personam.
If common law and equity conflict equity prevails.
raphael answered the question on April 16, 2018 at 18:16
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