"The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.

1.0 Introduction The communalality justice courts only provided the remedy of return, which in some(prenominal) cases was an inappropriate remedy. The writ system was also slow to doing to new types of action and had many loopholes. (Keenan, 1993) This weakness in the common law system lead to the development of equity. (Kelly, 2002) Ways in which the law of equity supplements the common law will be further discussed in this assignment. 2.0 cat valium Law prior to the Norman Conquest of England in 1066, there was no one(a) national level-headed system. (Kelly, 2002) A uniformed and change legal system later emerged nether the control of a centralized power of the sovereign king. Originally, courts were no more than an adjunct of the Kings Council, the Curia Regis, further gradually, the common law courts took on distinct institutional world in the form of the Courts of Exchequer, Common Pleas and Kings Bench which dealt with separate matters in law. (Barron and Fle tcher, 2003) A writ was allow when there was a defense reaction of justice in the local anaesthetic courts. These writs were standardized and provided proper(postnominal) rights which could be enforced in the Kings Courts.

(Abbot, 1993) However, the writ system had loopholes; if a suitable writ was non available, the complainant will not be able to obtain a remedy no matter how just his claim. (Keenan, 1993) The common law uses restitution as a remedy for cases. The aim of damages is to compensate the plaintiff. (Barron and Fletcher, 2003) A case example showcasing the use of damages as a remedy is Rogers v Whitaker (1991) 23 NSWLR 600. The suspect was a bushel who failed to advise his patient (the plaintiff) of the risks of! an designed to alter the appearance and collection of one of her eyes. As a... If you want to bewitch a replete essay, order it on our website: OrderEssay.net

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