Common Law & Equity : Case Law / Legislation

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Provisions of Oxford 1258
Prevented the creation of new writs. Litigants have to adapt their case to existing writs.
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Earl of Oxford's Case 1615
Held that equitable principle takes precedence over common law.
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Judicature Acts 1873-1875
Established the basis of modern court structure. Common Law and Equity are administered by all courts.
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S52 Judicature Acts
Where there is conflict between common law and equity, equity will prevail
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Pugh v Heath
"it is now not a Court of Law or a Court of Equity, it is a Court of complete jurisdiction." - Lord Cairns
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D&C Builders v Rees 1966
A couple took advantage of the builders' financial difficulties thus their application for promissory estoppel was denied as they did not come to equity with clean hands.
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Chappel v Time Newspapers Ltd 1975
Striking employees applied for an injunction to prevent them from being sacked. This injunction would only be granted if the strike action is stopped.
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Leaf v International Galleries 1950
Despite a painting being found to be fake, too much time had passed between purchase and discovery so an application of rescission was denied
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Wolverhampton Corporation v Emmons 1902
A builder was made to comply with his contract to build houses on a demolition site.
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Craddock v Hunt 1923
The inclusion of an adjoining yard within the selling of a property was not intended by either party so the contract was rectified.
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Grist v Bailey 1967
There was a mistake within the contract and was therefore set aside
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Warner Brothers v Nelson 1937
Bette Davis was prevented from making films for another company
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Mareva v International Bulkcarriers 1975
There was a default in payment and it was found that the money was in an english bank account thus a freezing order was sought.
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Anton Pillar v Manufacturing Processes Ltd 1976
Employee was selling technical drawings to competitors, plaintiff was granted access to defendant's premises to inspect relevant documents
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Central London Property Trust v High Trees House Ltd 1947
A promise to let flats at a reduced rate during the war was upheld as the tenants relied on the promise before moving in.
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Card 2

Front

Held that equitable principle takes precedence over common law.

Back

Earl of Oxford's Case 1615

Card 3

Front

Established the basis of modern court structure. Common Law and Equity are administered by all courts.

Back

Preview of the back of card 3

Card 4

Front

Where there is conflict between common law and equity, equity will prevail

Back

Preview of the back of card 4

Card 5

Front

"it is now not a Court of Law or a Court of Equity, it is a Court of complete jurisdiction." - Lord Cairns

Back

Preview of the back of card 5
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