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"The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.

Title: "The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.
Category: Law & Government / Law Issues | Words: 1146 | Pages: 4.9 (approximately 235 words/page)


"The law of equity came about to remedy the defects of the common law system." Do you agree with this statement? Elaborate.

1.0 Introduction The common law courts only provided the remedy of damages, which in some cases was an inappropriate remedy. The writ system was also slow to respond to new types of action and had many "loopholes". (Keenan, 1993) This weakness in the common law system lead to the development of equity. (Kelly, 2002) Ways in which the law of equity supplements the common law will be further discussed in this assignment. 2.0 Common Law Prior to the Norman …showed first 75 words of 1146 total

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showed last 75 words of 1146 total…a better remedy than damages in this case. 4.0 Conclusion As a conclusion, I agree that the law of equity came about to remedy the defects of the common law system. The law of equity supplemented the common law in terms of offering remedies in the form of specific performance, injunctions, rescissions and rectifications where appropriate. This has caused the Australian legal system to work more efficiently than before; therefore successfully providing justice to the people.

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