The strengths of the law of equity include its flexibility and focus on fairness, allowing judges to provide remedies that are not strictly available under common law, such as injunctions and specific performance. It addresses situations where strict adherence to legal rules would result in unjust outcomes. However, its weaknesses include potential unpredictability, as equitable principles can be subjective, leading to inconsistency in judgments. Additionally, the reliance on discretion can result in unequal applications of justice, undermining the rule of law.
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what is doctrine of equity
common law also make by artificially and equity make atumetically
In cases where common law and equity conflict, equity prevails. This principle was established to ensure fairness and justice in legal disputes. It originated from the historical separation between courts of law and courts of equity in England, where equity developed to provide remedies when the strict application of common law would lead to injustice.
Equity law
Harold Greville Hanbury has written: 'Hanbury and Maudsley Modern equity' -- subject(s): Equity 'Modern equity, the principles of equity' -- subject(s): Equity 'The Vinerian Chair and legal education' -- subject(s): Biography, History, Law, Oxford, Oxford. University. Vinerian Chair of English Law, Study and teaching, University of Oxford, University of Oxford. Vinerian Chair of English Law 'Essays in equity' -- subject(s): Study and teaching, Roman law, Equity
In general, the law prevails over equity unless the circumstances are such that a manifest injustice would result. The maxim at common law is: "Equity follows the law." This means two things. One is that whenever there is an adequate remedy at law, legal relief rather than equitable relief should be provided. The second is that if the law on a subject is explicit, equity does not supersede it. Equity law developed out of a sense of fairness when the law courts could not grant relief that adequately compensated a party for a loss or harm. Since resort was made to equity only when there was no adequate provision in law, the rule became that courts look to the law first, then to equity.
George E. Gardner has written: 'A review in law and equity for law students' -- subject(s): Equity, Law, Outlines, syllabi
The strengths and weaknesses of international law depends on the individual laws themselves. Some laws are effective, while others are not.
Equity and common law existed after the norman conquest in 1066
Common law is a body of legal precedent compiled by past court decisions. These decisions become the rules that common law judges use to decide legal disputes. Courts of equity provide a remedy when common law courts decide a case constitutes an inequitable situation. The common law court determines things are legally unbalanced between two parties; the court of equity provides equalizing relief. Equity to common law tends to reduce any injustice caused by the strict application of the common law and mitigates
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