History of ER Flashcards
(21 cards)
Why did equitable remedies develop in the English legal system?
To address the rigidity and inadequacies of the common law, which often failed to provide justice due to its strict procedural rules and limited remedies.
What legal instruments limited the evolution of new common law writs?
The Provisions of Oxford (1258) and the Statute of Westminster II (1285).
What was the primary remedy offered by common law courts?
Damages, which were often insufficient in cases requiring specific or preventative relief.
In which areas was the common law particularly inadequate?
Property disputes, trusts, and fiduciary relationships—where remedies like injunctions or specific performance were needed.
Who originally administered equitable relief in England?
The Lord Chancellor, exercising the King’s residual prerogative powers.
What were equitable remedies based on?
Conscience, fairness, and natural justice, in contrast to the formalism of common law.
What is the nature of equitable relief?
Discretionary and personal—focused on the conduct of the parties and tailored to achieve just outcomes.
Why did the development of trusts necessitate equitable remedies?
Because common law recognised only legal title, ignoring the rights of beneficiaries, which equity protected by enforcing trustee obligations.
What equitable remedies emerged in trust cases?
Injunctions, specific performance, and declarations compelling trustees to act in good faith.
Which landmark case affirmed the supremacy of equity?
The Earl of Oxford’s Case (1615).
What principle did the King uphold in this case?
That equity prevails over common law in cases of conflict.
What was the key criticism of maintaining separate courts of law and equity?
Inefficiency, delay, and expense—parties often needed to litigate in both systems to get full relief.
What legislation fused the administration of law and equity?
The Judicature Acts 1873 and 1875.
What did Section 25 of the Judicature Act 1873 provide?
That where law and equity conflict, equity shall prevail.
Did the Judicature Acts merge the principles of law and equity?
No – they merged the administration, but not the substantive doctrines.
How is equity applied in the modern legal system?
Courts administer both law and equity concurrently but still distinguish between legal rights and equitable obligations.
Which literary work famously criticised the inefficiencies of the old Chancery system?
Charles Dickens’ Bleak House, through the fictional case Jarndyce v Jarndyce.
Name three core characteristics of equitable remedies.
Discretionary
Personal in nature (in personam)
Remedially flexible
What is the main difference between legal and equitable remedies?
Legal remedies are typically compensatory (damages); equitable remedies provide preventive or specific relief tailored to the circumstances.
Factors which led to the emergence of equitable remedies
Rigidity of the Common Law System
Inadequacy of Common Law Remedies
Emergence of Discretionary Relief Based on Conscience
Development of Trusts and Uses
Conflicts and Supremacy of Equity
Institutional Evolution and Fusion of Jurisdictions
