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equity means fairness or equality

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βˆ™ 2012-09-29 07:41:13
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Q: The advantages of equity than common law?
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Related questions

Advantages and disadvantages of equity in English law?

one advantage of equity is that it help person to receive remedy in law.

Difference between common law and equity?

common law also make by artificially and equity make atumetically

Differences between common law and equity?

common law also make by artificially and equity make atumetically

Is equity a source of law?

yes equity is a source of law, which makes the common law be less it refers to specific things and not the common law which is broad

Which unwritten branch of law supplements the common law?

Equity law

When common law and equity conflicts what prevails what is the historical reson?

Since the judicature act 1873-1875, "equity prevails over common law".

How do common law and equity differ?

The main difference between common law and equity lays in where the information comes from. Law comes from prior court cases. Equity comes from the statutory laws rather then prior cases.

What has been the impact of modern equity on common law?

The impact of modern equity on common law is if you have it, spend it. For the people that are better off, the modern equity states to spend the money you do have to keep the economy going.

What is common law and equity?

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

'Equity is irrelevant in the modern world'Discuss?

Equity and common law existed after the norman conquest in 1066

What are the types of law?

the five types of law are common law, constitutional law, administrative law, equity, and statutory law

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.

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