Topic 1 (Historical Development): Case Law

Question 1

The Earl of Oxford’s case (1615) 21 ER 485

Answer 1

• Early example of the role of equity and an injunction;
• When common law and equity clash, equity prevails;
• An example of the laws of equity being used to grant a form of relief other than damages;
  -An example of the laws of equity being used to overcome a gap in the law and being used to grant a decision based on conscience.

Question 2

Case of Tanistry (1608):

Answer 2

Gaelic custom was contrary to English law.

Question 3

Sir George Jessell MR in Salt v Cooper (1880-1881) LR 16 Ch D 544

Answer 3

• Case disproves the fusion of equity and common law.

“The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters.”

Question 4

Meagher v Dublin City Council and Anor [2014] IEHC 280

Answer 4

Case concerned whether or not laches or delay was available in a common law action which was not barred by the statute of limitations;
It was rejected by the Court that the common law and equity had fused.