Common Law and Equity Flashcards
What was the law like in 1066?
Chaotic
Why was the law chaotic in 1066?
Different types of laws in different parts of the country
What were the 3 types of laws in 1066?
Danish in the North, Mercian in the Midlands, Wessex in the South and West
Why was the king not happy with 3 different types of law?
There was no central control
Who took control in 1066?
William the Conqueror
What did William the Conqueror start to do?
Standardize the law
How did William the Conqueror start to standardise the law?
By sending itinerant judges out into the country and looking at the laws, feeding back to the King, the best laws were kept
What did the law gradually become?
Uniformed
What year was ‘common law’ across the country?
1189
Who was the king in 1189?
Henry 2nd
Why did people become dissatisfied with the law and begin to petition the king?
Because the law was not flexible enough to be fair
What was the only remedy available for common law?
Damages
Who began to hear cases and make his own decisions?
The chancellor
What happened when the chancellor started to make his own decisions?
New laws were being made as new writs were written and the law became chaotic again
Why was the common law problematic?
Because the writ had to fit the claim, the more writs written the more damaging it was
What was the case and year that stopped the writing of any more writs?
Provisions of Oxford 1258
What were the decisions made by the King and Chancellor known was?
Equity
What was the main problem with equity?
It changed with every chancellor
What law system did people follow?
They didn’t know which one to follow and this was the problem
What was the Earl of Oxfords Case 1615?
Whenever common law and equity is in conflict, equity comes first
What Acts bought common law and equity under the same system?
The Judicature Acts 1873 and 1875
What is common law and equity like today?
They happily co-exist
What does equity do today?
Continues to develop
What is equity governed by?
A range of maxims
What is a maxim?
A statement/principle that must be followed before equity can be developed
What is equity all about?
Fairness
What does “he who comes to equity must have clean hands” mean?
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
What case involves “he who comes to equity must have clean hands”?
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)
What does “he who seeks equity must do equity” mean?
You can achieve equity if you do the right thing yourseleves
What cases involves “he who seeks equity must do equity”?
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)
What does “delay defeats equity” mean?
If time period is to long ago you cannot seek equity
What cases involves “delay defeats equity”?
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)
What are the 4 remedies in equity?
Specific performance, rectification, rescission, injunctions
What is specific performance?
A demand to do something
What is rectification?
Allows a written document to be rectified/altered
What is rescission?
A way to give a contract back
What are injunctions?
Stops a person doing a particular act (opposite of specific performance)
What are ‘mareva injunctions’?
Stop dodgy dealings with money, ability to freeze accounts so you cannot move money
What are ‘Anton Piller injunctions’?
The right for someone to enter a premises and stop you from destroying any evidence
What is ‘Promissory Estoppel’?
Stops you from going back on a promise
What are mareva injunctions, anton piller injunctions and promissory estoppel all part of?
Equity today
