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What is the doctrine of equity in received law?
The doctrine of equity in the received law refers to the principles of fairness and justice that supplement strict legal rules. It allows courts to consider individual circumstances and provide remedies that are not available through common law. This doctrine aims to prevent injustice and ensure a fair resolution of disputes.
Why is a received law is a source of law in Tanzania?
A received law is a source of law in Tanzania because it refers to laws that have been borrowed or adopted from other jurisdictions. Tanzania, being a former British colony, has inherited and incorporated English common law into its legal system. Consequently, received law, along with other sources of law, such as legislation and customary law, contributes to the overall legal framework in Tanzania.
How does equity view the doctrine of Jus accrescendi?
Equity may uphold or override the doctrine of Jus accrescendi depending on the specific circumstances of a case. Equity seeks to ensure fairness and prevent unjust enrichment, so it may choose to apply or modify the doctrine to achieve a just outcome.
What are the sources of law in Tanzania?
1.statutory law2.received law3.international law4.religion law5.customs lawstatutory law, received law, customs and religious law
Difference between common law and equity?
common law also make by artificially and equity make atumetically
Is duress an equitable doctrine?
It is a common law doctrine in england.
When common law and equity conflicts what prevails what is the historical reson?
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.
Does Indiana have the castle doctrine law?
Yes Indiana has a Castle Doctrine law that's "Stand Your Ground"
Which unwritten branch of law supplements the common law?
Equity law
What has the author Harold Greville Hanbury written?
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
When law and equity conflict which prevails?
In the legal system, equity prevails over law when there is a conflict. This principle ensures that fairness and justice are upheld, even if it means deviating from strict legal rules. The goal is to ensure that individuals receive fair treatment and that outcomes are just.
What has the author George E Gardner written?
George E. Gardner has written: 'A review in law and equity for law students' -- subject(s): Equity, Law, Outlines, syllabi
