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Common Law and Equity

Common Law and Equity

Common law and equity are two legal systems that developed in England and have had a significant impact on the legal systems of many other countries.


Common law is a system of law that is based on judicial decisions and precedents, rather than on statutes or codes. It evolved over time from the traditional customs and practices of the people and was enforced by the king's courts. Common law is known for its emphasis on the use of juries to decide questions of fact and its focus on individual rights.


Equity is a system of law that developed to address the limitations of common law. Equity is based on principles of fairness and justice and seeks to provide remedies for situations where the strict application of common law would lead to unjust results. Equity is enforced by the Court of Chancery, a court that operates separately from the common law courts.


Over time, the common law and equity systems became increasingly intertwined, with common law judges beginning to apply equitable principles in their decisions. In the 19th century, the common law and equity systems were merged into a single system of law, with the Judicature Acts of 1873 and 1875 establishing a single court system that applied both common law and equitable principles.


Today, many legal systems around the world incorporate both common law and equity principles. While the two systems have some differences, they share a commitment to fairness, justice, and the protection of individual rights.


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