Topic > Equity - 1877

Through the merging of equity with common law we can see that equity has this aspect of flexibility that it offers to common law. This idea of ​​flexibility is advantageous because common law is based on a rigid system where actions are monitored by a system of rules and judgments, equity continues to offer an aspect of flexibility to this rigid common law system. Through the evolution of equity, we see that people gain equitable interests as well as legal interests, especially when it comes to property and trusts. Legal interests are the rights that derive from common law, while equitable rights are not specific legal rules, but depend on a set of discretionary rules defined as maxims. This fusion of equity and common law allows us; the common man has various ways to get remedies. Through the merger of equity and common law, the various numbers/types of remedies have increased, just as the ability of the common man to obtain remedies has been expanded. Through the fusion of common law and equity we can see that its restorative and procedural aspect has been influenced in relation to various aspects of law. This idea can be best seen through the use of an example and in this example we will use mortgages, through this example we will see the different procedural and restorative aspect of the marriage between equity and common law. If we see, the common law treats mortgages as contracts; in this case any failure to pay the mortgage by the established date would result in the loss of the mortgaged property to the creditor. This can be done under the common law doctrine of forfeiture. Through the eyes of equity, if we look at the idea of ​​equity of redemption we can see that it reduces the harshness of the law by curbing the...... middle of paper ...... we are also given the idea of ​​trust , probably one of his greatest contributions through which we can further develop new ways to meet new circumstances in the legal world. Through this critical essay we have also taken a look at the views of an eminent scholar who supports the vision of integration between common law and equity. This critical essay also compared and contrasted cases that aided my idea of ​​developing new corrective measures for the future. As this is a critical essay, we have also examined the negative opinions on the effect of integration on the idea of ​​developing measures to combat new circumstances, one of its main points among many others is that when equity and common law have been merged it introduces a aspect of inconsistency that hinders the ability of judges to develop new corrective measures and devices to deal with new circumstances.