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Law AS > Common Law And Equity > Flashcards

Common Law And Equity Flashcards

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1
Q

What is Common Law?

A

A law established by following earlier judicial decisions.

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2
Q

What is Equity?

A

A specific set of legal principles, which add to those provided in the common law.

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3
Q

What law was practised in the North?

A

Dane Law

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4
Q

What law was practised in the Midlands?

A

Mercian Law

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5
Q

What law was practised in the South and West?

A

Wessex Law

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6
Q

When was William the Conqueror significant?

A

1066

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7
Q

What were William the Conqueror’s judges called?

A

Itinerant Justices

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8
Q

What did Itinerant justices do?

A

Went to different parts of the country to check laws and settled local disputes, they returned to Westminster and discussed them and decided which to keep and which to dismiss.

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9
Q

When was Henry II significant?

A

1189

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10
Q

What did Henry II do?

A

Produced a ‘common law’ which was administered to the whole country, compiled of the best laws of each circuit.

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11
Q

Was is a writ?

A

A legal document which set out the cause of the action or the grounds for the claim made.

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12
Q

What happened in the 12th century?

A

Common law courts developed which applied common law.

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13
Q

What case prevented ‘writs’ being made?

A

Provisions of Oxford 1258

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14
Q

What were the strict terms of a writ?

A

Litigants had to fit their circumstances to one of the available types of writ.

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15
Q

What were the limitations of a writ?

A
  1. If the case did not fall within one of those types, there was no way of bringing the case to common law court.
  2. Even when a writ was obtained, more time was spent examining the validity of the writ over the merits of the claim.
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16
Q

What was the only remedy available for common law?

A

Damages

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17
Q

What phrase was commonly associated with writs?

A

‘No writ - no remedy’.

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18
Q

What were the problems with only being offered damages?

A
  1. Did not always receive the sum.

2. Wasn’t always appropriate.

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19
Q

What did dissatisfied parties of common law do?

A

Started to petition the king who was though of as the fountain of justice.

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20
Q

Where did the dissatisfied parties petition go?

A

To the Chancellor.

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21
Q

What happened by 1474?

A

The Chancellor was being petitioned himself and began to make decisions on cases of his own authority (over the kings).

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22
Q

What became know as equity?

A

The Chancellor’s decision.

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23
Q

What happened in the early stages of the Chancery Court?

A

Litigants appeared before the Chancellor who would question them then deliver a verdict based on his own moral view.

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24
Q

Who was the first lawyer who became a Chancellor?

A

Sir Thomas More

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25
Q

What was the problem with equity?

A
  1. Unpredictable with every new Chancellor.
  2. ‘Equity varies with the length of the Chancellor’s foot’.
  3. Early Chancellors were not lawyers and had no legal training.
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26
Q

What did the Earl of Oxford’s Case 1615 establish?

A

Where equity and common law conflicted, equity should prevail.

27
Q

What did Pugh v Heath say?

A

‘It is now not a Court of Law or a Court of Equity, it is a Court of complete jurisdiction.’

28
Q

What are the Judicature Acts?

A

When equity became a body of law it didn’t need its own court, JA 1873-75 established the court structure that we have today. Equity and common law could be administrated in all courts.

29
Q

What did the S52 Judicature Act state?

A

Where there is a conflict between common law and equity, equity will prevail.

30
Q

What did the S52 Judicature Act state?

A

Where there is a conflict between common law and equity, equity will prevail.

31
Q

What does Maitland mean?

A

The Judicature Acts did not fuse common law and equity, only their administration.

32
Q

What does ‘He who comes to equity must come with clean hands’ mean?

A

Claimants who have themselves been in the wrong in some way will not be granted an equitable remedy.

33
Q

What are the three equitable maxims?

A

1, ‘He who comes to equity must come with clean hands’

  1. ‘He who seeks equity must do equity’
  2. ‘Delay defeats equity’
34
Q

Give an example of ‘He who comes to equity must come with clean hands’.

A

D&C Builders v Rees (1966)

35
Q

What does ‘He who seeks equity must do equity’ mean?

A

Anyone who seeks equitable relief must be prepared to act fairly towards their opponent.

36
Q

Give an example of ‘He who seeks equity must do equity’.

A

Chappell v Times Newspaper Ltd (1975)

37
Q

Give an example of ‘Delay defeats equity’.

A

Leaf v International Galleries (1950)

37
Q

What is Specific Performance?

A

An order telling a party to perform their part of a contract.

38
Q

What are the four remedies in equity?

A
  1. Specific Performance
  2. Rectification
  3. Rescission
  4. Injunctions
39
Q

What is Specific Performance?

A

An order telling a party to perform their part of a contract.

41
Q

Give an example of Specific Performance.

A

Wolverhampton Corporation v Emmons (1902)

42
Q

What happened in Wolverhampton Corporation v Emmons (1902)?

A

A builder was made to comply with his contract to build houses on a demolition site.

43
Q

Give an example of Rectification.

A

Craddock v Hunt (1923)

44
Q

What is Rectification?

A

This allows a written document to be changed if it does not represent the actual agreement made by the parties.

45
Q

What is Rescission?

A

Allows the parties to a contact to be returned to their original position where a contract is induced by a misrepresentation.

46
Q

What happened in Craddock v Hunt (1923)?

A

The contract had to be rectified regarding the sale of an adjoining yard as neither party intended it to be included in the sale.

47
Q

Give an example if Rescission.

A

Grist v Bailey (1967)

48
Q

What is an Injunction?

A

This order stops a person doing a particular act, like acting in breach of a contract.

49
Q

What happened in Grist v Bailey (1967)?

A

A contact had to be set aside due to a mistake regarding the Rent Acts.

50
Q

Give an example of an Injunction.

A

Warner Brothers v Nelson (1937)

51
Q

What is a Mareva Injunction?

A

A court order freezing the assets of a party or stopping the party from moving the assets out of the country.

52
Q

What happened in Warner Brothers v Nelson (1937)?

A

Bette Davis was prevented from making films for another company.

53
Q

What is the case associated with a Mareva Injuction?

A

Mareva v International Bulkcarriers (1975)

54
Q

What happened in Mareva v International Bulkcarriers (1975)?

A

A shipowner lent the ‘Mareva’ to a charter with 1/2 monthly payment in advance. They defaulted in payment. The owner knew they had money in an English bank and sought an injunction to stop them from moving the money.

55
Q

What is an Anton Piller order?

A

It allows the plaintiff onto the defendants premises to inspect, copy or remove documents or objects relating to the plaintiffs property.

56
Q

How did Lord Denning describe the Mareva Injunction?

A

‘The greatest piece of judicial law reform in my time.’

57
Q

What is the case associated with Anton Piller orders?

A

Anton Piller v Manufacturing Processes Ltd (1976)

58
Q

What is the aim of an Anton Piller order?

A

To stop the defendant removing or destroying vital evidence.

59
Q

What happened in Anton Piller v Manufacturing Processes Ltd (1976)?

A

An electrical company suspected an employee was selling their technical drawings to others.

60
Q

What is a Promissory Estoppel?

A

If a promise has been made, that promise cannot be withdrawn if the other person has relied on it to their detriment.

61
Q

What have Anton Piller orders been used for?

A

Breach of copyright, passing off and matrimonial disputes.

62
Q

What case is associated with Promissory Estoppels?

A

Central London Property Trust v High Trees House Ltd (1947)

63
Q

What happened in Central London Property Trust v High Trees House Ltd (1947)?

A

A promise to let flats at a reduced rate during the war was upheld because the tenants relied on that promise before moving in.

Law AS (4 decks)

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