The Doctrine of Equitable Estoppel Another major contribution of equity to the development of the common law legal system is the doctrine of equitable estoppel.
Over time, Equity developed a system of precedent much like its common-law cousin.
The Act effectively made the beneficial owner of the land the legal owner and therefore liable for feudal dues. He agrees to borrow him the needed money on the condition that Antonio would give up a pound of flesh if he defaults on the loan. This is a clear illustration of the injustice caused by the strict application of legal rules.
Bankruptcy was also historically considered an equitable matter; although bankruptcy in the United States is today a purely federal matter, reserved entirely to the United States Bankruptcy Courts by the enactment of the United States Bankruptcy Code inbankruptcy courts are still officially considered "courts of equity" and exercise equitable powers under Section of the Bankruptcy Code.
The common law only recognised the rights of the trustee; it essentially ignored the rights of the beneficiary.
Such an omission is sometimes termed a casus improvisus. The court established this doctrine in the popular High Tree Case. In fact, the beneficiary has a right to the property against all other persons except a purchaser for value without notice.
It remains one of the most highly regarded practitioner texts in Australia and England. Equity granted the remedy of specific performance in order to enforce the performance of a contract where damages would not be adequate.
If the contributions of equity are absent in the legal system, the law would surely cause a lot of hardships to all parties.
Ecclesiastical laws are not currently established in the U. This story shows the absurdity that is inherent in strict adherence to the law. The Contributions of Equity to the Common Law There are numerous instances of the contribution of equity to the common law legal system.
The effect of this trust was that the first person owned the land under the common law, but the second person had a right to use the land under the law of equity. There is no such inherent powers with the criminal courts in India except with the High Courts in terms of Section of the Code of Criminal Procedure, Henry VIII enacted the Statute of Uses in which became effective in in an attempt to outlaw this practice and recover lost revenue.
Antonio accepts this condition since he had some expected shipments and was sure he would be able to pay back.However a majority of modern equity is concerned with property rights and interests within property, i.e.
matrimonial home trust. The following section will discuss the fusion of equity and legal rights; however as one can already surmise the notion of property and property rights dominates the notion of equity. hence equity's role. equity can help us decide how to distribute goods and services across society, holding the state responsible for its influence over how goods and services are distributed in a society, and using this.
The legal system of the United States of America is very similar, almost to the point of being identical, to the legal system of the English-speaking Caribbean.”Discuss. The legal system of the United States of America and the English speaking Caribbean are predominantly common law legal systems.
The English legal system One of the major European legal systems – Roman law being the other – English law has spread to many other countries, including former English colonies such as the Canada, Australia, and New Zealand.
The chancellor was both a legal expert of the common law and (in the 14th/15th centuries) a churchman – sense of justice. Over time petitions would go directly to the Chancellor and his decisions developed into a complex set of exceptional rules or special laws – this set is called Equity.
Equity's primacy in England was later enshrined in the Judicature Acts of the s, which also served to fuse the courts of equity and the common law (although emphatically not the systems themselves) into one unified court system.Download