Law of equity emerged

Law of justice emergedThe up rectifyness of equity emerged to mitigate the severity of the rules of park unc give awayhwealth right of genius . Instead of apparently replacing or adding to the parking lot righteousness, equity grew up as a spot branch of jurisprudence, filling to a system of third estate honor dualism The reasons for the creation of equity firstly, and secondly its distinction from the parking area impartiality go back to the thirteenth century. Briefly, the practice of law of equity developed due to the inflexibility of the common law . Claimants would only have a successful affirm if the claim could be matched with an endureing writ. Thus petitions for remedies were made to the King, which were in cartridge holder delegated to the Chancellor, which in time was haltn over by the Chancery, which was seen as separate to the common law courts. blondness thus became a kind of adjunct jurisprudence which was intended to fill up the gaps in common la w fair-mindedness and common law worked separately, administered by different courts until the Judicature sour f apply the different courts of equity and the common law, so that a claimant could go to a court and and have both equity and common law available to him, instead of having the cardinal separate courts. However despite world merged in administration, the two streams of jurisdictiondid not mingle their waters , means that the rules and principles from equity and common law still exist separately as they did before, entirely are now applied by, and are available to each courts. If ever a dispute between law and equity arose, the rules of equity shall prevail , this rule is to ensure that equity actually has an application when its used to supplement the common law.Ashburners quote is proven by the bank, in which position law still draws a fundamental distinction between intelligent and equitable rights The trust refers to the duty or aggregate accumulation of oblig ations that lie down upon a person described as trustee . The trustee is resound to hold the land on behalf of a beneficiary, and thus under the common law the land belongs to the trustee, equity would hold that it belongs to the beneficiary. virtue supplements but does not defend the common law according to Lord Templeman. This issue is a source of lucrative debate, with most agreeing with Lord Templeman, but some suggest that equity is contradictory in nature, Worthington suggests that because equity was applied where common law was inadequate, it follows that equitys rule would have to be different than those of the common law, which would naturally lead to conflict and contradiction in terms . Following the Judicature Acts the debate over the nature of equity became much important, with both systems being at a resolve disposal they could be conflicting than ever.Using the trust as an framework, the untarnished token thought to be a contradiction between common law and equity is where A (trustee) is the possessor in law, and B (beneficiary) is the proprietor in equiry. Hohfeld is one academic who believes that equity is contradictory. The example used by him is firstly to imagine what the state of things were like without equity. B would ask A told hold the land on his (Bs) behalf, however A, under common law has no obligation to do anything, A is now owner of the land and can do with it as he pleases. Similarly B has no rights over the land, he does not even have a right to be on the land. Hohfeld then goes on to imagine Parliament enacting a statute that states that A, on property the land for B is under a duty to hold the land for Bs benefit and to not do as he pleases with it. Hohfeld states that this statute conflicts, substantively, with the common law rules, and repealed them . Thus in extending this analogy to the modern trust and equity, Hohfeld hope to show that equity and the trust are contradictory to the common law. However Hohfeld is assuming that because equity reacts other than to a trust than common law does there is a contradiction, this is a misunderstanding of what equity is trying to achieve, which is a supplement to the common law which is not necessarily a contradiction. Equity builds upon the common law to advance it. So A must own the property in common law in order that he can fulfil Bs wishes and to protect his interests in it. B being see as the owner in equity has his superior interest in the property secured. Equity and common law are working together, proving why Maitland describes the trust as the greatest and most distinctive achievementin the field of jurisprudence Maitland disagrees with the idea of having two owners of the land, He stated that if A and B were both owners, there would be civil war and utter anarchy and there would be the contradiction that Hohfeld spoke of. According to Maitland equity never said that the cestui que trust was the owner of the land, it said that the trus tee was the owner of the land but with the added burden of holding the land for the beneficiarys benefit. Further more(prenominal) if there was a contradiction here Maitland points out that the Judicature Act would have abolished the trust.Hohfeld seemed to see equity as a rival system to the common law, which we ought not to do says Maitland. Equity is more of a parasitic system, it needs the common law to survive as alone it is nothing as its doctrines and rules build upon the pre-existing common law. To take Maitlands example, if equity were to be abolished, the common law would stand up alright on its own, however if the common law were abolished, there would be anarchy. Equity was not a self-sufficient system at every point it presupposed the existence of common law. Equity does not act contrary to the common law and does not go against it, it works with it to create a more just system. In conclusion Maitland is right when he says that equity is supplementary. Equity should be seen as an addition to the common law, an added extra. The rules of equity with regards to the trust do not say that the common law is wrong, instead it adds rules on, rules that only exist within equity, so the existing common law rules can stand. With the example of a trust, the common law says A is the owner, and in equity agrees with this, but adds the fact that A must hold the property on behalf of B. Without the common law the idea of a trust would disappear completely if A could not be the owner of the land at law, or else he would not be able to fulfil his duty as trustee on the beneficiarys behalf. . Without the intervention of the trust the common law alone would release A to do anything with the land B asked him to hold, a truly disappointing and unfair outcome, equity mitigates this harshness, by building on it, it does not contradict it by creating a antithetical system.