Disadvantages And Disadvantages Of Common Law

Question 1

a. Common Law

Definition of common law:

The common law, sometimes known as case law, is the body of law that is based on the judges through the decisions made in court. In the system of common law, when a court decides and reports its decision regarding a specific case, the case then becomes a part of the body of law and can be used in cases that involve related matters in the future. Common law has been dispensed in the courts in England since the Middle Ages. It can also be found in the United States and in most of the British Commonwealth.

Development of common law:

Different regions of England were ruled by different systems of law before the Norman Conquest. In 1066, when William I gained the throne he started a strong central

Since there is already a basis on which the judgment will be passed, the judicial process becomes so much faster.

Disadvantages of common law:

• Common law can old and is frequently based on archaic concepts.

• Furthermore, common law is not all officially laid down and plainly in unambiguous or structured language like statutes.

• If a bad court decision has been made, it will be perpetuated as common law systems are all about following precedents. Changes will take a long time to happen, so in the mean time, a bad decision will continue to be upheld.

Relationship between common law and equity:

The law of equity is a set of rules formed by the Court of Chancery so as to alleviate the severity that the common law system provided to the country. There is a particular relationship between the common law and equity. Theoretically, equity accepted common law rights but persisted that they were to be applied justly but the Court of Chancery generally revoked or disagreed with the common law judgments. It was concluded that equity would prevail in year 1615. That is to say equity would take superiority over the common law. Equity was initially very unreliable but over some time, it developed to be more consistent. In 1873-1875, the dual structure came to an end with the amalgamation of the two court systems. Now any courts can depend on both sets of principles. However, common

Development of equity:

Unlike the common law, equity was never meant to be an autonomous system of law. It presupposed the existence of the common law, which it complemented and amended. The history of equity is very much connected to the common law writ system, the inflexibility of the common law, the Lord Chancellor and the Court of Chancery. Petitions to the King in Council to do justice were made as a result of the rigidity of the common law system. At first, an act in the King’s courts began only with a writ. This was only obtainable in a limited number of cases.

The Judicature Act (1873 –