Friday, March 15, 2019

Equity :: Papers

Equity In 1066 when William the conqueror came to England the natural jurisprudence was very different from today. Itinerant judges who would travel around the rustic settling any disputes administrated it. They started out using local laws and applying these to cases before them. However, the Normans were discerning to develop a law which they could apply to the whole country, a law which would be common to every one. So they gathered what was considered to be the scoop out of different local laws and developed a common law. Soon though many problems were found with common law. It soon became too ridged. Two of the chief(prenominal) problems with common law were, that it didnt offer sufficient remedies and, a well-behaved execute could only be taken by use of a writ. A writ was used to set out the cause of the action and the grounds for the claim. The writ became a problem because it had to be make to give out and existing writ. To start with a new writ was created when a suited previous case could not be found however, it was soon halt and no new writs could be issued. This meant that some cases were unable to be pursued, as an existing writ that suited the case could not be found. This made many people unhappy with the common law system. The other primary(prenominal) reason people were unhappy with the common law system is that poor remedies were offered in some cases. The only remedy available was damages, this meant compensation, which was not forever satisfactory. As a result of these problems many people became increasingly displease with the common law system. More and more people began to petition to the big businessman as a fountain of justice for a more suited

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.