(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

Remedies of common law

The common law only has remedies for damages, paid in monetary terms . Let's take for example hypothetically, if a person raped someone then the remedies of monetary sum wouldn't be fair to the person who have been raped. Another deficiency of the common law is that if a particular case which has been brought up to the court but the facts does not fit the existing writ, the case would not be held for trial. Even if the facts can be found in an existing writ, the case will go on but what if the damages given fail to obtain what the plaintiff wants? Then the case will be appealed to the King. "The body of legal principles known as equity evolved partly to overcome these deficiencies. Until comparatively recent times there was a sharp division between common law and equity. In 1848 the state of New York enacted a code of civil procedure that merged law and equity into one jurisdiction. Thenceforth, actions at law and suits in equity were to be administered in the same courts and under the same procedure. The Field code reforms were adopted by most states of the United States, by the federal government, and by the United Kingdom in the Judicature Act of 1873". .
             With deficiencies of the common law, equity (fairness or equitable decisions) has emerged amongst the law and till today working along side the common law to remedy the plaintiffs. During the Middle Ages the common law has already have its deficiencies in compensating the plaintiff, therefore the King was being petitioned. But this was too much for just one King to handle, hence the Chancellor helped the King out by hearing those cases in a specially set up court called the Court of Chancery where the law of trust (a branch of the law of equity) applies. There are a few functions of equity, one is that it adapts to the general rules of circumstances, secondly it serves as a supplementary to gaps in the law and also spot the errors in law that is know as rectification.


Essays Related to Remedies of common law

1. Business Law Report - Contracts

... consideration because such a possibility exists. The other exception occurs when both individuals are merchants. If both Brant and Cooper are coin dealers, the oral portion of their contract could be upheld by UCC regulations. It is common practice for coin dealers to sell whole coin collections at once to other dealers. In this situation, Brant would be able to enforce the oral ... contract in a court of law and Cooper would have been compelled to purchase the coin collection because it involved a transaction between two merchants. The third situation deals with ... that can be differ...

  • Word Count: 2858
  • Approx Pages: 11
  • Has Bibliography
  • Grade Level: High School

2. The Effectiveness of Legal Processes and Institutions...

... remedies. Consumer protection came in the form of contract law, with a laissez faire system guiding the marketplace. With regards to advertising and marketing, consumers had to rely on the goodwill and honesty of the producers of the goods to ensure the claims they made about their products were truthful. And if they weren't, there was little the consumer could do (apart from weak enforcement within common law ... .) In respect to the quality and suitability of a product, the common law principle of "Caveat Empor" which directly means "let the buyer beware" applied, meaning that it was th...

  • Word Count: 1149
  • Approx Pages: 5
  • Grade Level: Undergraduate

3. Agency law and the statutor

... than that of the transferor. For example selling or purchasing stolen goods. The exceptions to this rule are: a sale where the owner is estopped from denying the authority of the seller, a sale by a mercantile agent or a sale under a special common law, a sale by a person having a voidable title and a sale by a seller or buyer in possession after the sale (Turner, Pg 277, 2003). REMEDIES FOR THE ... BREACH OF THE CONTRACT OF SALE The Sale Of Goods Act states the following in relation to this area: (1) Where ... there is a breach of warranty by the seller, or where the buyer elects ... ...

  • Word Count: 4446
  • Approx Pages: 18
  • Grade Level: High School

4. Bill Of Rights And Australia

... constitutional powers of Section 51 of the Australian Constitution. When undertaking a judicial review, the courts are supervising the conduct of public authorities and inferior courts to ensure that the decision-making process is lawful. The courts review the state's application, or lack of application, of the law. There are limited rights of access to the court for judicial review. Court based remedies available in ... the event of a judicial review include: Prohibition, that is, an order to stop an administrative body from proceeding with a decision in ... that the Murray Islanders ...

  • Word Count: 2831
  • Approx Pages: 11
  • Has Bibliography
  • Grade Level: Undergraduate

5. History of Drug Abuse

... referred to as the drug czar, is responsible for coordinating national drug control policy. Original Reasons for using: Home remedies As time went by, "home remedies" were discovered and used to alleviate or ease aches, pains and other ailments or illnesses. Most of these preparations were herbs, roots, mushrooms or fungi. They had to be eaten, drunk, rubbed on the skin ... have also been produced synthetically. Newer hallucinogens, such as PCP (phencyclidine, or "angel dust- ), a drug originally used as an anesthetic, and MDMA ( "Ecstasy- ), an amphetamine derivative, were common in the...

  • Word Count: 5106
  • Approx Pages: 20
  • Grade Level: Undergraduate

6. History of the Legal Respnse to Domestic Violence

... indifference toward wife beating as the community grew more pluralistic. It wouldn't be until the nineteenth century with the case Bradley v. State (Mississippi, 1824) for the second wave of reform to cite the "common law" that stated that a husband had the right to beat his wife provided that he used a "switch (stick) no larger than his thumb." Then in 1871, Alabama ... in California in 1974. After taking care of the immediate concerns of victim services, policy makers with the urgings of victim advocate groups, made assumptions of "specific deterrence", emphasizing "the application of l...

  • Word Count: 2411
  • Approx Pages: 10
  • Has Bibliography
  • Grade Level: Undergraduate

7. Law

... facts to come up with a judgment. The law has consequences in order to maintain social order. The consequences vary from each different area of law that you are dealing with. For instance, in criminal law jail time is the most common consequence for breaking the law. In another area such as civil actions the remedies are usually monetary. Without consequences law would be pointless. Consequences for breaking the ... law are set up so that citizens helping to maintain order in ... ...

  • Word Count: 510
  • Approx Pages: 2
  • Grade Level: High School

8. Doctrine of the Privity of Contract

... prove artificial and contrary to the parties' intention, and can lead to injustice and inconvenience. There are, however, circumstances in which the doctrine does not apply, either because of supervening principles of common law or because of specific statutory provisions which allow a third party to enforce a right conferred on him by the contracting parties. These are as follows; (i). Covenants concerning land. Covenants in a lease can ... regulates his affairs to his own detriment. Illustration, A and B agree that A is to pay a sum of money to C. C gives his car to D, in the expectat...

  • Word Count: 7776
  • Approx Pages: 31
  • Has Bibliography

9. The Book of the Duchess and Other Poems

... has helped revitalize the dreamer. The knight has "yturned his bak To an ook, an huge tree" (446-447), the symbol of Nature's strength. In their prolonged states of despair, both the self-engrossed knight and the benumbed poet counter natural law. Concerning his insomnia, the poet states somewhat enigmatically, ... wel ye woot, agaynes kynde   Hyt were to lyven in thys wyse;   For ... quickly dismissed without ever having been confirmed. That there exists but one "phisicien" to "hele him (38-39) proves to be a false lead: his cure does not involve the grace of a lady, and it remedies ...

  • Word Count: 5753
  • Approx Pages: 23
  • Grade Level: High School

Got a writing question? Ask our professional writer!
Submit My Question