Common Law & Equity: Past Paper Question

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Explain the emergence of Equity in the historical development of the Common Law [14] 

When William the Conqueror invaded England in 1066 and gained the monarchy, he established the Curia Regis and sent his itinerant justices to adjudicate local disputes throughout the country. When they returned to Westminster they discussed which laws within the circuits more the most effective and decided to dismiss others they thought were no needed. By the reign of King Henry II, 1154-1189, a common law had been implemented allowing control to be disputed throughout the entirety of England. 

Although, the Provisions of Oxford 1258 signified the beginning of common law becoming a rigid concept. Prior to the Provisions of Oxford, the grounds for a claim were set out in writs but after this written constitution the creation of new writs was prevented. Instead, litigants had to adapt the circumstances of their cases to already existing writs. If there was no way of doing this then their case would not reach court; "No writ, no remedy". Further dissatisfaction emerges from the only available remedy being damages and this isn't always…


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