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COMMON LAW
COMMON LAW
Origins: Common law traces its origins back to medieval England. After the Norman Conquest of England in 1066, King Henry II established royal courts to standardize legal rulings across the kingdom, leading to the development of a body of law based on judicial decisions.
Development: Common law was shaped primarily by the decisions of the King's Bench and other courts, with judges relying on precedent (previous decisions) to guide their rulings.
EQUITY
EQUITY
Origins: Equity developed as a separate branch of law in response to the limitations and inflexibility of common law. When litigants felt that common law courts were not offering adequate remedies (such as when legal remedies were insufficient or not available), they would petition the Court of Chancery (a court overseen by the Lord Chancellor).
Development: The Court of Chancery was established to hear petitions for fairness, and it became the institution responsible for applying equitable principles. Over time, the principles of equity became distinct from common law and formed their own body of legal doctrine.
CONCLUSION
CONCLUSION
Common law primarily focuses on providing remedies based on established rules and precedents, often involving monetary compensation. It is rigid in its application and ensures predictability in legal outcomes.
Equity, on the other hand, provides remedies based on fairness, flexibility, and discretion. It steps in where common law remedies are insufficient or where strict adherence to the law would lead to an unjust outcome, offering remedies such as injunctions or specific performance.
While common law and equity were once separate systems of law, today they are merged in many legal systems, with courts being able to provide both legal and equitable remedies to ensure justice is achieved.
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