Equity and Common Law

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