法則 Ep 3

Question 2 of my Law QT :D

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Question:
Explain what is common law and its relationship to equity.

Answer:
Before common laws came about, the people relied on customs, which were acts that were dubbed as being the norm. Judges would then place judgment on offenders based on those customs.

However, after a period of time, the King decided to choose and specify which customs would prevail. Thus, this collection of customs became known as common laws.

Common laws are very closely related to equities. In fact, equities came into existence because of the flaws presented in common laws. Equities became the second option – and the more favoured one – where law was concerned. One of the reasons is because the only remedy common law could impose was ‘damages’. ‘Damages’ was a way of compensation by offering the claimant a certain amount of money.

Although this may have sounded pleasing to the plaintiff’s ears, it might not have been the best method to solve the matter between the two parties. This is because the plaintiff might want what was taken rather than a sum of money to substitute it.

This was where equities made the difference. Since there were equitable maxims and equity remedies, everything fell apart for common laws. Furthermore, the winning side would be able to claim both ‘damages’ and a remedy if the judge thought that ‘damages’ was not enough to compensate for their loss.

In the event that common law and equities should come into conflict, however, it was decided that equities would be the one to be followed. As long as common laws and equities existed among each other, there would naturally be conflicts because common law would support one side of the court and the equity would support the other.

In light of what has been mentioned above, although common laws and equities are technically polar opposites, there they are, indeed, closely related.

Marks: 19/25

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Alrighty. That's my Law QT for you :P

My overall score for the whole paper was 76%, which I think was pretty good considering I thought I did quite bad. Plus, it's an A* :D

CIAO!!

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