Equity and Common Law

This essay explores the concept of equity and its relationship with common law. It discusses the development of equity, the relationship between common law and equity, and provides case laws and references.

EQUITY AND COMMON
LAW

EQUITY AND COMMON LAW...................................................................................................1
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Explain what is equity.................................................................................................................3
Explain how equity came from common law..............................................................................3
Relationship between common law and equity...........................................................................4
Development of equity................................................................................................................4
CONCLUSION................................................................................................................................5
OSCALA REFRENCES..................................................................................................................6

INTRODUCTION
Common laws are those types of legal rules that are formed by judges and there judgment
that has been passed in a ruling case by them. These laws has a very wide range of rules and
regulations that has been formed to overlap a particular statute. Equity means a set of remedies
that are available for particular laws in order to bring out its main consent over society. Scope of
both common law is very wide as it covers all major aspects of laws. Equity has a diverse nature
because of its capability of punishing a culprit and saving innocent in violation of any kind of
law. In this essay things That is file is going to talk about equity and common law, there
relationship, development of equity and also case laws regarding it
MAIN BODY
Explain what is equity
Equity is referred to as that kind of remedies that is used for the purpose of enhancing
punishments related to violation of particular law. In other words it is referred to as those set of
remedies that is applicable into the procedure of laws. For instance under civil fine is there for
wrong committed, under property law remedy of sizing a property is there if obtained through
illegal means. All these are example of equity. Further can be explained through a case law that
is “Attorney General V Blake” in this case it was held by the court that breach of contract has
taken place and if ordinary remedies are inadequate then restitutionary remedy can be awarded.
Explain how equity came from common law
Common law is that kind of law that has been formed through the judgment passed by the
judges in form of opinion in a particular case. These judgment become a concrete law because it
covers loopholes that has been create while forming of laws. Also common law deals with
special or landmark cases in which the amended law is not able to provide justice in appropriate
manner. In other words it is set to be overlapping a law impacting negatively in a society. Equity
is the remedies which are there to satisfy public at large by giving them opportunity to bring out
the culprit. It is an important element of common law because a decision is passed by a court
only when equity has been used for passing of case. This can be understood through a case law
which is “Stack v Dowden” facts of the case are Ms Dowden and Mr. Stack were co-habitees.
Both of them purchased a house in their names and made no announcement regarding
entitlement of beneficiary interest in a property. Price of the house was done in £190,00 has
been paid by MS Dowden. Then mortgage was paid by Mr. Stack in installment of £27,000 and
also Ms Dowden paid £38,000. Both of them had separate bank account and investment done
were also separate. After some time parties got separated and Mr Stack brought action of sale of
property and distribution of proceedings. It was held by the court in this case that from
determining of beneficial interests where a legal title is held jointly by the parties beneficial

interest is going to be joint. If evidence is there proving no intention is there then presumption
may be displaced. Equity is an inseparable element of common law because of its tendency to
prove impact of a particular amendment done in a society.
Relationship between common law and equity
Equity and common law are related to each other in a way that it is considered to be an
important element of common law because it has helped in fusing of courts which ahs made
justice process easy and more efficient. In other words this can be explained as those types of
remedies which have given an opportunity to courts for hearing of two matters in a court. Both
these helpful in generating a strong an effective mechanism for judges to give appropriate
judgment in landmark cases. This can be better understood through this case “Eves v Eves” facts
of the case is as follows claimant has formed relationship with defendant. Defendant has been
married to another women but got separated from her. Claimant become pregnant and changed
his name by deed poll and take on defendants name. This was done by him with intention of
getting married. Both ofv them purchased a house which was conveyed in his own name alone.
As she was to young to have her name on legal title and if she would have been old enough then
house would have been in there own name. The purchase price was met with the proceeds of sale
of his former house and a mortgage. The claimant did not provide any direct contribution to the
purchase price but carried out substantial work on the property including redecoration,
demolishing and building a shed, breaking up concrete and preparing the lawn for turfing. They
had a further child and when the divorces came through they agreed to marry but didn't. He then
left the claimant for another woman. The court held claimant liable for one title of the benifical
interest under constructive trust.
Development of equity
Equity is developed under an act known as “Judicature act 1873”. According to this one system
was created through amalgamation of common laws in court and court of equity. Principals were
not fused of common law and equity it remained separate bodies of rule. In other words this act
was introduced to provide base to equity and common law not to mix them with each other.
Explain equity maxim
Equity maxim are those types of maxim which are considered to be serve a set of rules
and regulations which are general principals under which an equity operates. There are twelve
equity which are a wrong is not suffered without remedy, law has to be followed, equal equity
and law should prevail, where equal equity is there time shall be given, seeking of equity must be
done with equity, equity is granted to an individual with clean hands, no delay should be there
for providing equity, equality is an important element of equity, in equity intention is seen rather
than its form, equity must be done with ought to be done, an obligation has to be fulfilled with an
imputes in obligation, equity acts according to the law not as per situation pertaining in a court.

CONCLUSION
From the above file it is clear that equity and common law are two separated concepts but
still are connected to each other because of dependency. Then ceartin cases have been explained
to make concept of equity more clear. In the end Judicature act 1873 Act has been explained
with its main elements. Maxim has been explained for equity.

OSCALA REFRENCES
Books and journals
1. ‘Equity’ and its Integration with the Common Law. Common Law World Review, 34(1),
pp.62-84.
2. The Relation of the Equity Administered by the Common Law Judges to the Equity
Administered by the Chancellor. The Yale Law Journal, 26(1), p.1.
3. Equity in Its Relations to Common Law. Michigan Law Review, 16(6), p.465.
4. 2019. Common Law Equity in a Civil Law Country. Victoria University of Wellington
Law Review, 44(3/4), p.427.
5. 2017. The Co-Operation of "Law" and "Equity"; and the Engrafting of Equitable
Remedies upon Common-Law Proceedings. Harvard Law Review, 7(2), p.76.
6. 2016. Equity in Its Relations to Common Law. Michigan Law Review, 16(6), p.465.
7.