1. Why did common law become so rigid and inflexible?
Answer: By the reign of henry II, the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement, but often the reasoning behind the judgement, in much the same way as the modern law reports does. During the reign of henry II writs came into wide use. They were purchased from the king’s clerks of chancery and stated the complaint, ordering the name person either to right the wrong or to show the king’s justices why they should not. The issuing of new writs to cover new wrongs meant that the common law was fairly flexible at this time, because it could easily adapt to meet changing conditions. However the passing of the provisions of oxford in 1258 resulted in the common law losing much of its flexibility by providing, among other thing, that if the facts in issue did not fit the standard form of wit, the action could fail.
2. In what ways equity differs from common law?
Answer: the differences between common law and equity are:
a. Is a comprehensive system.
b. Remedies are not discretionary.
c. Common law rights are enforceable at any time subjected to the operation of a state or territory’s statute of limitations. d. Common la rights are valid against the whole world.
a. Not a comprehensive system- for example, never had a criminal jurisdiction. b. Remedies are discretionary.
c. Remedies must be applied for promptly or they may not be enforceable. d. Equitable rights are valid only against those persons specified by the court. e. It follows the common law, it will not override it.
f. It acts only against the individual (i.e. in the personam), not property.
3. What are the main differences between the common law and statute law? Answer:
Common law: common law is the law created through the reported decisions of judges in the higher courts. It is non- statutory law as it is law made by the courts Statute law: statute laws are made by federal state parliament in form of statute law or legislation or other government bodies in form of by- laws, orders rules and regulations and known as delegated legislation.
4. In the 21st century, what problems does business face under a federation model such as exists in Australia? Answer: the Australian constitution establishes the basic rules for the operation of the federation and sets out the powers of the federal parliament to make laws. Any action, including legislative action, must be in accord with the constitution or, if it is challenged, the high court will declare it invalid. The constitution provides the federal parliament with limited powers to govern the conduct of business and business relationship in Australia. For example, the corporation act 2001cth regulates companies. The securities law regulated the sale and trading of shares issued by companies. The competition and consumer act 2010cth, formerly known as the trade practices act 1974 cth , is perhaps the most important piece of business legislation in Australia today. It provides a uniform national consumer law( found in schedule 2 of the at and known as the Australian consumer law or ACL) for persons engaged in business by discouraging unfair trading practices and encouraging fair-trading between business and the consumer. By the start of this century it was becoming apparent to commonwealth, state and territory governments (business already knew) that if Australia was to remain economically competitive, a seamless national economy was needed. Business regulation could o longer remain and it came in the state and territory, or even be shared...
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