When did a law common to the whole of England start to develop?
A law common to the whole country began to develop in the eleventh and twelfth centuries.
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Describe four deficiencies in the common law
Rigid system reliant on a writ, inflexible procedures, the differing forms of trial, misuse of defences, bribery and corruption, lack of appropriate remedies, problems with trusts and mortgages
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What term described the rules developed by the Court of Chancery
The court dealt with matters in an equitable way to achieve natural justice.
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Describe five contributions made by this court to English law
The new rights that were created, for example, the rights of a beneficiary under a trust. The introduction of a new beneficial procedures. The new remedy of an injunction. The new remedy of specific performance. The new remedy of a rescission.
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Give four examples of equitable maxims.
Equity follows the law. Equity will not suffer a wrong to be without remedy. He who comes to equity must come with clean hands. Equity looks to the intent rather than the form. Delay defeats equity.
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Describe three modern contributions made using equitable principles.
The extension of the constructive trust. Promissory estoppel. The freezing order (Mareva injunction). The search order (Anton Piller order).
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Define 'Ratio Decidendi'
Principles of law that are essential to the judges decision.
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Define 'Orbiter Dicta'
Principles of law that are not essential to the decision.
8 of 9
List three statutory interpretation rules
The literal rule, the golden rule, and the mischief rule
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Other cards in this set
Card 2
Front
Describe four deficiencies in the common law
Back
Rigid system reliant on a writ, inflexible procedures, the differing forms of trial, misuse of defences, bribery and corruption, lack of appropriate remedies, problems with trusts and mortgages
Card 3
Front
What term described the rules developed by the Court of Chancery
Back
Card 4
Front
Describe five contributions made by this court to English law
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