common and equity law Flashcards
what is common law
common law is created by the courts. it is Judge made law.
when and how was common law created
11th century (1200) during the Norman invasion of England when travelling judges who ruled with the King’s conscience travelled land hearing cases, turning them into precedents.
Why is common law important
each case is treated on its own merits and similar decisions have similar outcomes. Thus providing fairness, equality and consistency
why was equity law created
Common law is inflexible because the same principle applies to each case regardless of the circumstances. it is supplementary and corrects injustices based on merits of the case
an example that can be used to equity law
if a person hurts themselves on another’s property, according to common law the owner would be liable
