- Created by: jonescerys28
- Created on: 14-05-18 15:24
There were many problems with the common law, ome of them were: there were only a few types of writ which meant many cases were left unresolved, the only remedy was damages and court official sometimes wrote new types of writ but judges disliked this because officials were making new law. The conclusion was that common law was not good enough because there were too many 'gaps'.
The gaps in the common law led to a separate system of law developing. This new system aimed to produce justice and flexibility. This new system was not bound by precedent and each case was decided on it's merits. 'Equity', as it was called, meant fiar and provided new remedies to problems. The four main remedies were: injunction, specific performance, rectification and rescission.
Injunction means an order to perform an act (mandatory) or an order not to do something (prohibitory). For example, in the case of Warner Bros v Nelson, where Warner Bros put an injunction on Nelson so that she couldn't appear in any movies that were not created by Warner Bros until her contract has ended.
Specific Performance means that the party must fulfill a previous agreement. It is only awarded in exceptional circumstances and cannot be awarded in relation to personal services for example singing in a concert. It has also been granted when a unique product has…