The Importance Of Equity In Common Law

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Introduction The word ‘equity’ means fair or just in its wider sense, but its legal meaning refers to legal rules that were developed by the courts to overcome some of the inflexibility of the rules and procedures of common law courts. Therefore, equity created new remedies. If the Chancellor was convinced that a person had suffered a wrong, the court would grant a remedy. To be precise, they would devise some way to ensure that something was done to put right the wrong that had been done to the person (Genn 2014, p. 22).
In this way, equity created new remedies that were not available in the common law courts. At common law, the main remedy that a person could obtain was the remedy of money compensation or damages. However, in equity more
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The courts are unlikely to order specific performance if the claimant could adequately be compensated by an award of damages for the breach of legal obligation. The second consideration is type of contract. Specific performance is most commonly ordered for contracts for the sale of land, while the courts are unlikely to order specific performance for contracts for personal service. The third consideration is equity. In terms of clean hands, the claimant may be disentitled to an equitable remedy if he is guilty of some impropriety connected to the contract. In terms of hardship, specific performance may be refused if hardship will be caused to either of the parties or a third party (Mithell 2010, pp. …show more content…
The remedy is discretionary and will be granted only if the court considers it just and convenient to do so; it will not be granted if damages would be a sufficient remedy (Law & Martin (ed.) 2013, p. 283). Injunctions are often needed urgently. A temporary injunction (an interim injunction) may therefore be granted at a special hearing pending the outcome of the main hearing of the case. If it is granted, the claimant must undertake to compensate the defendant for any damage he has suffered by the grant of the injunction if the defendant is successful in the main action. If judgment is given for the claimant in the main action, a perpetual injunction may be granted. A person who fails to abide by the terms of an injunction may be guilty of contempt of court (Law & Martin (ed.) 2013, p.

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