Definition: Common law refers to the body of law derived from judicial decisions and precedents rather than statutes. It is often called "case law" and is created by courts as judges interpret and apply laws to specific cases.

Historical Development:

• Originated in England and was shaped by King Henry II in the 12th century, who established the first centralized court system. This helped standardize the application of laws across the country.

• The term "common law" itself refers to the uniformity of law applied to all citizens, as opposed to localized customs.

Characteristics:

• Precedent (stare decisis): Common law relies heavily on the doctrine of precedent, meaning decisions made in higher courts are binding on lower courts. This ensures consistency and predictability in the legal system.

• Judge-Made Law: Judges play a significant role in interpreting laws and setting precedents that guide future cases.

• Flexibility: While it has a strong reliance on precedent, common law is adaptable as courts can evolve interpretations over time to address new situations.

Application:

• Common law applies to various areas of law, including contract law, tort law, and property law. It serves as a foundation for many legal systems around the world, especially those influenced by the British legal system.

Equity

• Definition: Equity is a branch of law that developed to address the limitations and inflexibility of common law. It aims to provide fair and just outcomes where strict application of common law may not serve the interests of justice.

• Historical Background:

  • Emerged from the Court of Chancery in England, which was established to supplement common law when it failed to provide adequate remedies.

  • Originated in the 14th century when individuals could appeal directly to the King's Chancellor for justice in cases that common law courts could not resolve satisfactorily.

• Characteristics:

  • Principle of Fairness: Equity emphasizes fairness, conscience, and justice. Unlike common law, equity is less rigid and adapts to the circumstances of each case.

  • Equitable Remedies: Offers remedies that common law cannot provide, such as injunctions, specific performance, and rescission.

  • Maxims of Equity: Equity operates on a set of guiding principles, such as “Equity will not suffer a wrong without a remedy” and “He who comes into equity must come with clean hands”.

  • Discretionary Nature: Equity is applied at the discretion of the court, taking into account the unique aspects of each case.

• Application:

  • Often complements common law by providing a remedy where a common law solution may be insufficient. For instance, in cases involving trusts, wills, or property disputes, equity ensures that justice is served when a strict application of common law might result in an unfair outcome.

  • Modern Context: Today, equity and common law coexist within the legal system. In many jurisdictions, the courts have merged to form a unified system where both types of law can be applied as needed to achieve justice.