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"Equity law" or more appropriately, "equitable relief", is not directly comparable to "common law." The real question is what is the difference between "equitable relief" and "legal relief: as reasons for filing a law suit.
"Legal relief" is mainly compensation for a loss in the form of money damages. One example is in a negligence action, the plaintiff seeks money damages for personal injuries or other losses that can be quantified in dollars. "Equitable relief" constitutes something a court would order a party to do to either to prevent a loss or compensate a loss in some way other than simple money damages where legal relief , i.e. money damages, is deemed inadequate to properly remedy a situation.
Equitable relief includes injunctions in labor disputes, partitions of real property, specific performance of contracts, reformation of contracts, setting aside invalid wills, divorces and various other matters where the court orders something to be done rather than entering a judgment for money damages.
Some special aspects of equity law are that it requires that the claimant be free any inequitable action of its own, that no equitable relief can be given if there is an adequate remedy in legal relief and that equitable relief is flexible enough to allow a court to devise a remedy that may be appropriate under all of the circumstances.
In common law England, actions involving legal relief were dealt with in the king's courts whereas actions dealing with equitable relief were dealt with in the chancery courts or church tribunals. Even though different courts dispensed different types of relief, both became precedent for future cases therefore both were separate parts of the body of common law.
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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.
When law and equity conflict which prevails?
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.
What is equity law where did it come from?
Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.
What has been the impact of modern equity on common law?
Modern equity has influenced common law by introducing principles of fairness and justice that may not be covered by traditional legal rules. This has led to a more flexible and equitable legal system that seeks to address individual circumstances and prevent injustices. Overall, the impact of modern equity on common law has been to create a more balanced and just legal framework.
What are the advantages and disadvantages of the data protection act law?
Advantages: Protects individual privacy by regulating how personal data is processed. Helps prevent misuse of personal information by organizations. Gives individuals control over their own data. Disadvantages: Compliance costs for businesses can be high. Some argue that it limits the ability to use data for beneficial purposes. Enforcement and penalties for violations can vary.
What were the advantages and disadvantages of Faraday's Law?
no
What are the advantages and disadvantages of equity in law?
Equity in law provides flexibility and fairness, allowing courts to address situations where strict application of legal rules may lead to unjust outcomes. It enables remedies such as injunctions and specific performance that go beyond monetary damages, offering more tailored solutions. However, disadvantages include potential unpredictability and inconsistency, as decisions may vary based on judicial discretion. Additionally, the dual system of law and equity can complicate legal proceedings and lead to confusion.
What are the advantages and disadvantages of contract law?
when the law does stuff that isn't helpful is a weakness. a strength is when the law does something good.
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
What are the advantages and disadvantages of sin tax evasion law of the Philippines?
Advantages are discouraging bad behavior and increasing tax revenue. Disadvantages are it is not very effective and makes the criminals go underground to perform activity.
Advantages and disadvantages of common v code law for the international market?
the connon law advantage is that court are faster in making decission then the legislatuer is in writing law.The disadvantages is that people may or may not like the disition.
What are the advantages of the civil court?
There are no advantages or disadvantages. Civil court is where alleged violations of civil law are heard, and criminal court is where alleged violations of criminal law are heard. Each court is segregated into hearing their particular assigned areas of the law.
What is doctrine of equity in received law?
what is doctrine of equity
What is advantages and disadvantages of kirchhoff's voltage law?
Kirchhoff's Voltage Law is good for most applications in electrical engineering. One limitation is that the law does not apply when there is a fluctuating magnetic field present.
What has the author Charles Francis Trower written?
Charles Francis Trower has written: 'A manual of the prevalence of equity' -- subject(s): Accessible book, Equity pleading and procedure 'The anomalous condition of English jurisprudence' -- subject(s): Law, Law reform
What are advantages and disadvantages of introducing a contracts code to the South Pacific?
Because it will answer a question to your assignment LW 201 Contract law....hahahahaha.
What are the advantages and disadvantages of legal power?
"Legal power" = law and order. Safety and security. Civilization. Advantage No "legal power" = anarchy, crime, chaos, law of the jungle. Disdvantage.
