COMMON LAW EQUITY

Definition
Common law is a body of unwritten laws
based on legal precedents established by the A legal system for obtaining a fair result
courts. It is based on the principle of stare when existing law does not provide a
decisis which means “to stand by things solution.
decided.”
Origin and Birth
Common law was made by a group of The birth of equity came about when the
judges appointed by the king after the strictures of the writ system through the
Norman Conquest in 1066, to provide twelfth and the thirteenth centuries failed to
justice to people. develop further remedies, leading
disappointed litigants to petition the King
for justice.
Establishment
Common Law is a system of established
rules that developed over time. By the 12th Equity had become well-established by the
Century, common law had been well- 15th Century
established.
Jurisdiction
Common law courts followed precedent and Equity was administered through the Court
strict legal rules. of Chancery, led by the Chancellor, who had
discretion and applied principles of fairness
and justice.
Jury System & Courts
Common law courts were courts of law and
Courts of Equity were courts of justice and
consisted of a jury system that could easily
there was no jury system.
be bribed.
Conflict Resolution
In conflicts with equity, common law In conflicts with common law, equity could
sometimes couldn't prevent equity's prevent common law actions or enforce its
remedies. own judgments.
Remedies
Common law primarily provided damages Equity provided new remedies and
as a remedy. recognized new rights when common law
failed to act, like specific performance and
injunctions.
Trusts
 Equity recognized the concept of trusts
Common law didn't recognize trusts or when common law didn't, providing
provide remedies for breaches of trust. remedies for beneficiaries and breaches of
trust by trustees.
Relief

In common Law, relief is not given if not Relief is given in equity even if not stated in
stated in the actual contract. the actual contract.

Right
Common law rights acted in rem, affecting Equity remedies are personal (in personam)
property, not specific individuals. and apply to specific individuals.
Functions
Equity acted as a check and balance on
Common law established general rules for
common law, balancing its strictness with
certainty in legal matters.
flexible remedies.
Example
Someone who steals a computer, for A court of equity, on the other hand, could
example, might be ordered by a common order the computer be returned to the owner
law court to repay the value of the computer as a more equitable solution to the situation.
to the wronged party, which would be just
but may not be fair.