equity has a role in modern legal system

Watch this thread
kenza lindsay
Badges: 15
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
Report Thread starter 4 years ago
Equity still play a role in the modern legal system and the paragraphs below will Show the proves that equity still plays its role in the system.

Equity was an important source in the past and it still plays a role today due to many of our legal concept which developed from the equitable principle. Equity means fairness and our law still try to keep on operating on this basis, equity can still create new concept in the law as we can see during the twentieth century the deserted wife’s equity which was the idea that when a husband abandons his wife and children, the wife will have an equitable interest in the matrimonial home even if it was own by the husband alone and this concept was added in the Matrimonial Home Act 1967.

The Judicature Act state that in 1873-75 state that equity and common law could both be administered by all court and that there will no longer be different procedure for seeking equitable and common law remedies, so there is still a body of rule in equity which is distant from common law rules and act as an addition to it . Where there is conflict equity still prevail.

A prove that equity still plays a role in modern low is that equitable maxims are still applied in present law case and the twentieth-century expansion was the Mareva injunction presently know as freezing order and the Anton Piller injunction know as the search injunction.

From all of this, it is seen that equity still play a role in the modern legal system and it can still create new concept and remedies to fit the justice of the particular case.

Quick Reply

Attached files
Write a reply...
new posts
to top

How did The Student Room help you with your university application?

Talking to current university students (19)
Talking to peers going through the same thing (35)
Speaking to student ambassadors from the universities (6)
Speaking to staff members from universities (2)
Using the personal statement builder, library or helper service (10)
Reading articles about what steps to take (19)
Learning about/speaking to Student Finance England (4)
Something else (tell us in the thread) (7)

Watched Threads

View All