Common Law

Local Customs being considered

Egerton V Harding (1974)
The court decided that there was a customary duty to fence land aganist
cattle straying from the common.
New windsor corp V Mellor (1974)
Local authority was prevented from building on land because the local people
proved there was a custom that they had the right to use the land for lawful
sports.
Equity prevails in conflict between Equity V Common Law
Earl of Oxford (1615)
King ruled that equity should prevail.
Equity Maxims
Berry V Berry
Both parties made a contract on deed.In common law a deed can only be
amended through another deed only,but in this case a deed was amended on
simple paper. (Intention)
D&C Builders V Rees
Parties made a contract of some repair.Rees paid 250 pounds out of 732
pounds in advance and once the work was done, Taking advantage of bad
financial position of the company Rees offered 300 pounds in full settlement
of dept declaring the work substandard. R&C builders accepted the offer
reluctantly and then sued Rees,Rees requested the court to invoke equitable
estopples but the court refeused to do so because Rees did not do equity.
(Equity must come with clean hands)
Leaf V Internatinal Galleries
A painting was sold to Mr.Leaf which was considered by both parties of
constable.Five years later Mr.Leaf came to know that painting was not of
constable. Mr Leaf sued I.Galleries but court refused to uphold the case due
to prolonged delay.
(Delay defeats equity)