Defects of common law

Question 1

1. Writ system

Answer 1

The Lord Chancellor – known as the chancery, started all actions in the common law via the issuing of writs. Each wrong was assigned a writ. The wrong must fit the writ available in order to have a successful application. If the wrong did not fit the writ, an action will not be started.

Question 2

Provisions of Oxford 1258

Answer 2

Common law court judges are inhibited from creating a new writ according to this statutory law. So many wrongs suffered without remedies.

Question 3

Monetary payment only

Answer 3

Common law only provides monetary compensation. In some cases this would not be the best method of putting matters right between the parties. E.g. trespass to land: In a case of trespass to land, where perhaps the defendant had built on his neighbour’s land, the building would still be there and the plaintiff would have lost the use of that part of his land. In such cases, the plaintiff would probably prefer to have the building removed, rather than be given money in compensation.

Question 4

4. Look at the form instead of intention

Answer 4

Common law only looks at the form (contract details etc.) but the intention behind the crime or case.

Question 5

5. Corruption and intimidation of juries

Answer 5

Juries can be intimidated or bribed to support a certain judgment.