Common Law and Equity

Question 1

What was the law like in 1066?

Answer 1

Chaotic

Question 2

Why was the law chaotic in 1066?

Answer 2

Different types of laws in different parts of the country

Question 3

What were the 3 types of laws in 1066?

Answer 3

Danish in the North, Mercian in the Midlands, Wessex in the South and West

Question 4

Why was the king not happy with 3 different types of law?

Answer 4

There was no central control

Question 5

Who took control in 1066?

Answer 5

William the Conqueror

Question 6

What did William the Conqueror start to do?

Answer 6

Standardize the law

Question 7

How did William the Conqueror start to standardise the law?

Answer 7

By sending itinerant judges out into the country and looking at the laws, feeding back to the King, the best laws were kept

Question 8

What did the law gradually become?

Answer 8

Uniformed

Question 9

What year was ‘common law’ across the country?

Answer 9

1189

Question 10

Who was the king in 1189?

Answer 10

Henry 2nd

Question 11

Why did people become dissatisfied with the law and begin to petition the king?

Answer 11

Because the law was not flexible enough to be fair

Question 12

What was the only remedy available for common law?

Answer 12

Damages

Question 13

Who began to hear cases and make his own decisions?

Answer 13

The chancellor

Question 14

What happened when the chancellor started to make his own decisions?

Answer 14

New laws were being made as new writs were written and the law became chaotic again

Question 15

Why was the common law problematic?

Answer 15

Because the writ had to fit the claim, the more writs written the more damaging it was

Question 16

What was the case and year that stopped the writing of any more writs?

Answer 16

Provisions of Oxford 1258

Question 17

What were the decisions made by the King and Chancellor known was?

Answer 17

Equity

Question 18

What was the main problem with equity?

Answer 18

It changed with every chancellor

Question 19

What law system did people follow?

Answer 19

They didn’t know which one to follow and this was the problem

Question 20

What was the Earl of Oxfords Case 1615?

Answer 20

Whenever common law and equity is in conflict, equity comes first

Question 21

What Acts bought common law and equity under the same system?

Answer 21

The Judicature Acts 1873 and 1875

Question 22

What is common law and equity like today?

Answer 22

They happily co-exist

Question 23

What does equity do today?

Answer 23

Continues to develop

Question 24

What is equity governed by?

Answer 24

A range of maxims

Question 25

What is a maxim?

Answer 25

A statement/principle that must be followed before equity can be developed

Question 26

What is equity all about?

Answer 26

Fairness

Question 27

What does “he who comes to equity must have clean hands” mean?

Answer 27

Whoever comes to equity must have reasonable reasons as to why there was a conflict in the first place, you must not lie and go ahead with your promises

Question 28

What case involves “he who comes to equity must have clean hands”?

Answer 28

D and C Builders and Reece 1966 (building firm worked on Reece’s house, Builders wanted £482 they offered £300 as thought work was defected - builders were in financial trouble so agreed - sued for full amount, Reece family tried to prevent builders going back on promise - court said thats not fair work was good standard)

Question 29

What does “he who seeks equity must do equity” mean?

Answer 29

You can achieve equity if you do the right thing yourseleves

Question 30

What cases involves “he who seeks equity must do equity”?

Answer 30

Chappell v Times Newspapers Ltd 1975 (newspaper employees threatened with sack if kept striking, they sought an injunction to prevent sack taking place - courts said they would only grant injunction if they went back to work, Chappell refused, junction denied)

Question 31

What does “delay defeats equity” mean?

Answer 31

If time period is to long ago you cannot seek equity

Question 32

What cases involves “delay defeats equity”?

Answer 32

Leaf v International Galleries 1950 (Mr Leaf purchased what he thought was a Constable painting from gallery - 5 years later found out it was a fake - wanted to have the right to undo contract however 5 years was to long time period)

Question 33

What are the 4 remedies in equity?

Answer 33

Specific performance, rectification, rescission, injunctions

Question 34

What is specific performance?

Answer 34

A demand to do something

Question 35

What is rectification?

Answer 35

Allows a written document to be rectified/altered

Question 36

What is rescission?

Answer 36

A way to give a contract back

Question 37

What are injunctions?

Answer 37

Stops a person doing a particular act (opposite of specific performance)

Question 38

What are ‘mareva injunctions’?

Answer 38

Stop dodgy dealings with money, ability to freeze accounts so you cannot move money

Question 39

What are ‘Anton Piller injunctions’?

Answer 39

The right for someone to enter a premises and stop you from destroying any evidence

Question 40

What is ‘Promissory Estoppel’?

Answer 40

Stops you from going back on a promise

Question 41

What are mareva injunctions, anton piller injunctions and promissory estoppel all part of?

Answer 41

Equity today