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Wednesday, November 27, 2013

Equity

The trademark of a civilised society is a fit legitimate system, and before the Judicature Act of 1873-1875, there existed deuce parallel court systems, the courts of normal equity and the courts of equity. The courts of super C uprightness could only provide remedies in the form of money restoration and recognised only the reasoned owner of the property, whereas the courts of equity could charge injunctions and remedies of specific performances. Even though todays legal system merges both courts, a big distinction simmer down remains between reciprocal fair play and equity. commonplace law has many defects and one of its longest defects is the inflexibility of its judicial 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 be incorrect, the case top executive be lost referable to procedural defects even though the plaintiff is legally in the right. In addition, another great defect of common law is that it only provides rectify in the form of financial pay for loss suffered. This is unsuitable due to the fact that money cannot truly compensate for the loss of a leg, an eye or a life.
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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 world(a) rule in common law. The harsh and inflexible rules of the courts of common law was deemed to have prevented jurist from p revailing and this caused people to supplic! ate to the King through the shaper Chancellor, who was an official close to the sovereign, for a remedy unattainable at common law courts. The original Chancellor acted as a conscience for the King that could remedy these defects, because he was one of the principal royal officials, and being well 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 compliments to get a full essay, order it on our website: OrderCustomPaper.com

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