Essay on common law

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This page of the essay has words. Download the full version above. If the common law and doctrines of equity were intended to be fused, such provision would not be inserted as the section foresee the possibility of a conflict arising between the two separate systems. The section illustrates that the intention of the legislation was not to fuse the systems but to enable both the law and equity be administered at the same time in the same Court and that is why there are still possibilities of a conflict to arise because they are not of the same ingredients or same foundation. It is vital to make sure that the common law principles are not mixed up with equitable doctrines or rules as it will lead to confusion and inconsistency.

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There are two types of law in the U. Civil law is considered as a law that is designed to address private wrongs. Civil law as stated before is the settling of disputes between private citizens since many disagreements can arise concerning anything from property, contracts, and even personal injuries. There is Western law which is divided into civil law and common law.

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It is important to note that the common law does not include this as a requirement and therefore it has caused controversy in the legal sphere with many inauspicious comments being raised regarding its necessity. This essay explains intention to create legal relations as a requirement and how it is applied by examining how it has been applied with reference to relevant case law. In this context this essay will further present the two opposing views regarding.
Common Law and Equity Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law? What are the defects of common law, and to what extend equity have been created. From the development of common law and equity, what has been the effects of the Judicature Acts ?

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