Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it‚ providing remedies for situations that were unavailable at Law. Because of this‚ Equity provided a dimension of flexibility and justice that was often times lacking because of the common law’s rigidity. This rigidity stems from the fact that‚ while courts sometimes altered their jurisdictions
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LST2BSL Common Law Assignment Word count 844 Question one A The issue is it’s unclear whether Jessie is making an offer to sell or an offer simply as a gift as they have been friends for 15 years. In order to determine if a valid offer has been made application of the objective test would be applied1. Would a reasonable person in these circumstances believe there to be a valid offer and what is the relative importance of the statement to each party2? Jessie’s
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1.Rule of LawThe rule of law‚ upheld by an independent judiciary‚ is one of Hong Kongs greatest strengths. This refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong. The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the Government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts. At the heart of Hong
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Common Law Law developed through conclusions of courts and similar committees by the judges is known as common law‚ it is also known as case law. Common law binds upcoming decisions and it is the body of practice. Common law delivers compensation in monetarist value of the damages due to violation of contract and approves the legal owner of the property. Certain amount of money presented as compensation by a court for a breach or trot of agreement is known as damages‚ it is also famous as lump
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GSB748 – Legal Studies Student # 220070594 1. The Case of Tommy v Spud 1.1 Advice to Tommy 1.1.1 Duty of Care In this case‚ the “neighbour principle” of Lord Atkin and the test of proximity of relationship of the High Court is applicable (Turner 2011:738). The parties have a special relationship based on physical proximity and causal proximity: Donogue v Stevenson [1932] AC 562 and Jaensch v Coffey (1984) 155 CLR 549. The loss or damage was “reasonable foreseeable”. This is substantiated by
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reaction to the “harshness of the common law or lack of developments in common law”. Furthermore‚ the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition‚ complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to the King was so common that some complaints had to be referred
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Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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The Development of Common Law and Equity Common Law has been functioning in England since the 1250’s‚ two centuries after William the Conqueror defeated Earl Harold Godwinson in the Battle of Hastings in 1066 and became King. It was then in 1066 that Law began to be standardised. There were‚ however‚ problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court. As a result‚ the Court of Chancery was established and could provide whatever
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Common Law and Equity A) Explain the history of Common Law. The common law developed because the legal system in England and Wales couldn’t rely only on customs. It wasn’t until after the Norman Conquest in 1066 that a more organised system of courts was created. William the Conqueror set up the Curia Regis (The Kings Courts) and appointed his own judges. These judges were also sent to major towns to decide any important cases. When Henry II came to throne in 1154-1189 tours became
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RESEARCH ESSAY Common Law Reasoning and Institutions Researching and writing one essay from a choice of six titles provided (see below) is a compulsory part of the Common Law Reasoning and Institutions (CLRI) subject. You must also be prepared to answer a series of reflective questions on your research essay in the May/June Analyse the adequacy and relevancy of the crime control and due process models for understanding criminal justice‚ with reference to the jurisdiction you are in and/or England
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