Cecily Zamora
The question of whether equity should prevail over common law has been a subject of debate for centuries. Equity is a discretionary tool that can adapt to various situations and individuals, filling in the gaps where common law falls short. It provides a remedy when common law does not or offers a more suitable solution. Equity does not destroy or create law but assists it, working alongside common law to provide different solutions to problems. While common law and equitable rights have similarities, they serve different functions. Equity is flexible and adaptable, preventing miscarriages of justice by protecting individuals from the rigidity of common law.
| Characteristics | Values |
|---|---|
| Equity provides a remedy where common law does not | Equity provides remedies such as injunctions, rescissions, rectifications, and specific performances |
| Equity is flexible and adaptable | Equity can adapt to an infinity of persons and situations |
| Equity is fairer | Equity prevents miscarriages of justice |
| Equity intervenes when there is a good reason to | Equity does not destroy or create the law, but assists it |
| Equity prevails in case of conflict | Equity was ruled to prevail over common law in case of a conflict |
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What You'll Learn
- Equity provides remedies where common law does not
- Equity is flexible and adaptable, preventing miscarriages of justice
- Equity works alongside common law, providing different solutions
- Equity follows the law and only intervenes when necessary
- Equity provides discretionary tools adaptable to unique situations
Equity provides remedies where common law does not
Equity and common law are distinct from each other, with the former assisting the latter and providing different solutions to problems. Equity is a discretionary tool that can adapt to an infinity of persons and situations. It is a mechanism that can protect individuals from the rigidity of the law and prevent any miscarriages of justice.
Equitable remedies are distinguished from "legal" remedies by the discretion of the court to grant them. The two main equitable remedies are injunctions and specific performance. Injunctions may be mandatory, requiring a person to do something, or prohibitory, stopping them from doing something. Specific performance requires a party to perform a contract, for example, by transferring a piece of land to the claimant.
Other equitable remedies include rescissions and rectifications, vacatur, and constructive trusts and tracing remedies. The latter are used when the claimant asserts that property has been wrongly appropriated from them, and then either the property has increased in value, or it has been transferred by the wrongdoer to an innocent third party.
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Equity is flexible and adaptable, preventing miscarriages of justice
The concept of equity is deeply rooted in the idea of fairness and justice. It recognises that not everyone starts from the same place and, therefore, aims to address imbalances and biases within the system. Equity, as a legal concept, was born out of the need to address the shortcomings of common law, which was often deemed too rigid and unfair in certain situations.
The Chancellor, as the "keeper of the King's conscience", had the discretion to administer justice in a flexible and adaptable manner, unbound by precedent or strict legal rules. This flexibility allowed for the development of new remedies and the recognition of new rights, filling the gaps where common law fell short. For instance, in the case of Ashby v White (K.B. 1703), the principle of equity was crucial in establishing that Marbury had a cause of action to his commission, enabling Chief Justice Marshall to make a wider-ranging decision.
Equity's adaptability is further illustrated by the development of restitution as a flexible tool for recovery. Restitution allows for the recovery of benefits bestowed between individuals according to contracts that would otherwise be legally unenforceable. Additionally, equitable doctrines, such as the maxim "equity regards as done what should have been done", enable the legal recognition of acts before their actual completion, thereby reducing the risk of loss in transactions.
The discretionary nature of equity ensures that it can adapt to an infinite number of persons and situations. In the Earl of Oxford Case (1615), Lord Ellesmere emphasised the importance of this adaptability, arguing in favour of equity prevailing over common law. This discretionary approach allows equity to provide claimants with more convenient remedies and outcomes. For example, in the Pinnel case, Sir Edward Coke authorised part payment of a debt through non-financial means, demonstrating the flexibility of equitable remedies.
Equity's flexibility and adaptability are essential in preventing miscarriages of justice. By providing alternative remedies and recognising new rights, equity ensures that the law can be applied fairly and justly, even in situations where common law may fall short or lead to harsh outcomes. This aspect of equity is particularly important when considering the limitations of common law remedies and the need to protect individuals from the rigidity of the law.
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Equity works alongside common law, providing different solutions
The relationship between common law and equity has been a subject of debate for centuries. In this discussion, it is important to understand that equity does not destroy or create the law but instead assists it. Equity and common law work alongside each other, providing different solutions to legal problems.
Common law and equity have distinct functions and characteristics. Common law, developed in royal courts, is based on the King's writ and traditionally focused on awarding monetary damages and recognising the legal owner of property. On the other hand, equity, administered by the Chancellor as the "keeper of the King's conscience," offers flexibility and discretion. It can adapt to various situations and individuals, providing remedies where common law may fall short or offer inadequate solutions.
Equity's flexibility is exemplified in cases where monetary compensation is not the preferred solution. For instance, in the Pinnel case, Sir Edward Coke authorised part payment of a debt through non-financial means. Equity also recognises trusts of property and can issue injunctions, rescissions, rectifications, and specific performances.
The distinction between common law and equity is reflected in their respective remedies and rights. While they may overlap in certain instances, such as seeking an injunction for an anticipatory breach of contract, they generally remain distinct. Equity provides remedies and recognises rights where common law does not, filling in the gaps left by common law.
The interplay between common law and equity has evolved over time. In jurisdictions like England, Wales, Australia, New Zealand, and Canada, equity remains a separate body of law. However, in the United States, most states have merged the two courts, and debates continue regarding their fusion or separate administration. Despite their differences, equity and common law are not in conflict but rather complement each other, with equity intervening only when necessary to provide alternative solutions.
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Equity follows the law and only intervenes when necessary
Equity provides a remedy where common law provides none or provides a more suitable remedy than common law. For example, in the Pinnel case, Sir Edward Coke authorised part payment of a debt through non-financial means. Equity allowed a claimant to obtain more convenient results while seeking remedies.
Equity does not destroy the law, nor create it, but assists it. It works alongside the common law and provides different solutions to problems. Equity follows the rules of precedent and obeys the rules of precedent as does the common law.
Equity will only intervene when there are reasons to. For instance, in registered land, the categories of registered, minor, and overriding interests imposed by the land Registration Act cut across the distinction between legal and equitable rights.
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Equity provides discretionary tools adaptable to unique situations
The Chancellor's role in administering justice gave rise to the concept of equity, which aimed to address the deficiencies in common law remedies. Equity developed new remedies and recognised new rights, filling the gaps where common law failed to act. This evolution of equity was described by Pettit as a "gloss on the common law".
The discretionary nature of equity allows it to adapt to unique situations and provide flexible solutions. For example, in the Pinnel case, Sir Edward Coke authorised part payment of a debt through non-financial means, demonstrating that monetary compensation is not always the preferred solution. Similarly, specific performance, an equitable remedy, can order a party to perform their contractual obligations rather than simply awarding monetary damages.
The adaptability of equity is further highlighted in Lord Ellesmere's argument in favour of discretionary tools that can cater to an infinite number of persons and situations. This view prevailed in the Earl of Oxford Case (1615), where the ratio supported the precedence of equity in disputes between common law and equitable rights.
In summary, equity provides discretionary tools that can be adapted to unique circumstances, offering flexible solutions beyond the rigidity of common law. This inherent flexibility ensures that equity can provide remedies and protect individuals from potential miscarriages of justice when common law falls short.
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Frequently asked questions
Common law and equity have two different functions. Common law is rigid and can be unfair in some situations, whereas equity is flexible and discretionary.
In the Pinnel case, Sir Edward Coke authorised part payment of a debt through non-financial means. Here, equity provided a remedy that was more suitable than common law.
Equity provides a mechanism to protect individuals from the rigidity of the law and prevent miscarriages of justice. It also allows claimants to obtain more convenient results while seeking remedies.
