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The differences between common law and equity.
Title: The differences between common law and equity.
Category: Law & Government / Law Issues
Details: Words: 366 | Pages: 1.6 (approximately 235 words/page)
The differences between common law and equity.
Common law evolved over time as a judge made law (according to doctrine of precedent.) In common law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules based on customary law was gradually enforced throughout the whole of England and countries derived from England. E.g. Australia, Canada New Zealand and the United States Common laws rules …showed first 75 words of 366 total…
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…showed last 75 words of 366 total…law courts as unconditional. The result was that the courts were helpless to enforce the original owner's intentions. Once title had been transferred ownership was regarded as absolute and this was true even when fraud was involved. The Chancery courts were under no such constraint.
The courts of chancery were in position to grant relief in any instances where a person could not be awarded a remedy in common law, even when entitled to it.
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