The contrast of these two types of decisions can lead to some desecration of how judicial law making is brought about because due to the doctrine, courts must take the former approach. When cases escalate up the hierarchy, it allows for more flexibility in common law and as a result, allows higher ranked judges to overrule or reverse decisions depending on the…. Huscroft has remarked that by , English Law was no longer based simply on local custom and tradition but on firmly established principles and concepts and on regular and standard mechanisms for investigation, prosecution and trial. Although, it was to be run by Englishmen and had to encompass British ideals of justice. By adapting to the British logic of administrating, the classification or standardization of actions into prefixed domains arose, thus making society static.
Common Law And Equity Prior To The Judicature Act 1873
Business Law: Differences Between Common Law And Equity | Cram
Although equity literally means fairness, we use this term for the body of principles developed by the Court of Chancery. If someone says I don't want the money the damages , I want the land. Equity can: specific performance. Equity may intervene to mitigate the harshness of the common law. Equity is discretionary. In Patel v Ali Ch. At common law, she would have to pay damages for breach of contract, but equity intervened and the court exercised its discretion albeit on a principle: the granting of specific performance would have amounted to hardship.
Law and Equity Essay a Outline the development of common law and equity. There was no system of law in England and Wales before , as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries.