Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law AS - Debbie LA1 > Common Law and Equity > Flashcards

Common Law and Equity Flashcards

1
Q

What was the law like in 1066?

A

Chaotic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why was the law chaotic in 1066?

A

Different types of laws in different parts of the country

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What were the 3 types of laws in 1066?

A

Danish in the North, Mercian in the Midlands, Wessex in the South and West

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why was the king not happy with 3 different types of law?

A

There was no central control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who took control in 1066?

A

William the Conqueror

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What did William the Conqueror start to do?

A

Standardize the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How did William the Conqueror start to standardise the law?

A

By sending itinerant judges out into the country and looking at the laws, feeding back to the King, the best laws were kept

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What did the law gradually become?

A

Uniformed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What year was ‘common law’ across the country?

A

1189

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who was the king in 1189?

A

Henry 2nd

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Why did people become dissatisfied with the law and begin to petition the king?

A

Because the law was not flexible enough to be fair

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What was the only remedy available for common law?

A

Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Who began to hear cases and make his own decisions?

A

The chancellor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What happened when the chancellor started to make his own decisions?

A

New laws were being made as new writs were written and the law became chaotic again

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Why was the common law problematic?

A

Because the writ had to fit the claim, the more writs written the more damaging it was

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What was the case and year that stopped the writing of any more writs?

A

Provisions of Oxford 1258

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What were the decisions made by the King and Chancellor known was?

A

Equity

18
Q

What was the main problem with equity?

A

It changed with every chancellor

19
Q

What law system did people follow?

A

They didn’t know which one to follow and this was the problem

20
Q

What was the Earl of Oxfords Case 1615?

A

Whenever common law and equity is in conflict, equity comes first

21
Q

What Acts bought common law and equity under the same system?

A

The Judicature Acts 1873 and 1875

22
Q

What is common law and equity like today?

A

They happily co-exist

23
Q

What does equity do today?

A

Continues to develop

24
Q

What is equity governed by?

A

A range of maxims

25
Q

What is a maxim?

A

A statement/principle that must be followed before equity can be developed

26
Q

What is equity all about?

A

Fairness

27
Q

What does “he who comes to equity must have clean hands” mean?

A

Whoever comes to equity must have reasonable reasons as to why there was a conflict in the first place, you must not lie and go ahead with your promises

28
Q

What case involves “he who comes to equity must have clean hands”?

A

D and C Builders and Reece 1966 (building firm worked on Reece’s house, Builders wanted £482 they offered £300 as thought work was defected - builders were in financial trouble so agreed - sued for full amount, Reece family tried to prevent builders going back on promise - court said thats not fair work was good standard)

29
Q

What does “he who seeks equity must do equity” mean?

A

You can achieve equity if you do the right thing yourseleves

30
Q

What cases involves “he who seeks equity must do equity”?

A

Chappell v Times Newspapers Ltd 1975 (newspaper employees threatened with sack if kept striking, they sought an injunction to prevent sack taking place - courts said they would only grant injunction if they went back to work, Chappell refused, junction denied)

31
Q

What does “delay defeats equity” mean?

A

If time period is to long ago you cannot seek equity

32
Q

What cases involves “delay defeats equity”?

A

Leaf v International Galleries 1950 (Mr Leaf purchased what he thought was a Constable painting from gallery - 5 years later found out it was a fake - wanted to have the right to undo contract however 5 years was to long time period)

33
Q

What are the 4 remedies in equity?

A

Specific performance, rectification, rescission, injunctions

34
Q

What is specific performance?

A

A demand to do something

35
Q

What is rectification?

A

Allows a written document to be rectified/altered

36
Q

What is rescission?

A

A way to give a contract back

37
Q

What are injunctions?

A

Stops a person doing a particular act (opposite of specific performance)

38
Q

What are ‘mareva injunctions’?

A

Stop dodgy dealings with money, ability to freeze accounts so you cannot move money

39
Q

What are ‘Anton Piller injunctions’?

A

The right for someone to enter a premises and stop you from destroying any evidence

40
Q

What is ‘Promissory Estoppel’?

A

Stops you from going back on a promise

41
Q

What are mareva injunctions, anton piller injunctions and promissory estoppel all part of?

A

Equity today

Law AS - Debbie LA1 (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions