"The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.
The common law courts only provided the remedy of damages, which in some cases was an inappropriate remedy. The writ system was also slow to respond 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 Common Law
Prior to the Norman Conquest of England in 1066, there was no unitary national legal system. (Kelly, 2002) A uniformed and centralized legal system later…
- "The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.
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