Ashanique watson Mr. Row Law October 7, 2012 “Equity does not destroy the Common law but assist it”. Explain the statement with reference to decided cases.
Equity is a body of law that is found upon the principles of fairness and conscience. It piecemeal development took place over many years as a direct result of the injustices often caused by a strict application of the common law. However, equity does not destroy the common law but help and assist it.
Equity has been developed two to there years after common law as a system to resolve disputes where damages are not a suitable remedy and to introduce fairness into the legal system. The principle of the equity was found on the concept of unconscionability, where an act or omission is used to contract to good conscience. In those situations equity will often step in and grant relief to the party whose disadvantage has been used to the advantage of another or whose trust has been breached. In the medieval period, the doctrine of precedent required the common law proceeding were commenced by the writ, that was only available in specified caused of his or her action within those categories, the common law court could not deal with it.
National Provincial Bank Ltd v Ainsworth(1965) The House of Lords examined the deserted wife's...
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