Equity

Question 1

What was the main reason for the development of equity?

Answer 1

To mitigate the harshness of the common law.

Question 2

What case shows that equity takes precedent over common law?

Answer 2

Earl of Oxford’s Case (1615)

Question 3

Earl of Oxford’s Case (1615)

Answer 3

Est. that equity takes precedent over common law.

Question 4

What system originally oversaw equity?

Answer 4

The Court of Chancery

Question 5

What was the issue with the common law?

Answer 5

Too strict or rigid in its application

Equity allows for discretion in giving remedies.

Question 6

Give an example of an equitable remedy.

Answer 6

An injunction

Question 7

What statute enshrined the findings in the Earl of Oxford’s Case, that equity will prevail over common law remedies?

Answer 7

s25 Judicature Act 1873

That equity will prevail over common law remedies.

Question 8

s25 Judicature Act 1873

Answer 8

Provides that equitable remedies will prevail over common law remedies.

Question 9

What later statute reasserted the provision that where there is any variance between the rules of common law and that of equity, then equity will prevail?

Answer 9

s49 The Supreme Court Act 1981

Question 10

s49 The Supreme Court Act 1981

Answer 10

Reasserts the provision that where there is any variance between the rules of common law and equity, then equity will prevail.