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Explain the key distinctions between common law and equity

      

Explain the key distinctions between common law and equity.

  

Answers


Raphael
1. Common Law
- 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.

2. Equity
- 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 e.t.c.
- Equitable rights are discretional.
- Developed after the common law.
raphael answered the question on April 17, 2018 at 19:03


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