Property Law- Equity and It's Fairness

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ALL ABOUT EQUITY AND ITS FAIRNESS, FUNCTIONINGS, PROBLEMS, TUSTS EXAMPLE The law of equity emerged to "mitigate the severity of the rules of common law" . Instead of simply replacing or adding to the common law, equity grew up as a separate branch of jurisprudence, leading to a system of "common law dualism" The reasons for the creation of equity firstly, and secondly its distinction from the common law go back to the thirteenth century. Briefly, the law of equity developed due to the "inflexibility of the common law" . Claimants would only have a successful claim if the claim could be matched with an existing writ. Thus petitions for remedies were made to the King, which were in time delegated to the Chancellor, which in time was taken over by the Chancery, which was seen as separate to the common law courts. Equity thus became "a kind of supplementary jurisprudence which was intended to fill up the gaps in common law" Equity and common law worked separately, administered by different courts until the Judicature Act fused the different courts of equity and the common law, so that a claimant could go to a court and and have both equity and common law available to him, instead of having the two separate courts. However despite being merged in administration, the two "streams of jurisdiction...did not mingle their waters" , meaning that the rules and principles from equity and common law still exist separately as they did before, but are now applied by, and are available to all courts. If ever a dispute between law and equity arose, "the rules of equity shall prevail" , this rule is to ensure that equity actually has an application when its used to supplement the common law. Ashburner's quote is proven by the trust, in which "English law still draws a fundamental distinction between legal and equitable rights" The trust "refers to the duty or aggregate
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