The Earl of Oxford case solidified the position of the Court of Chancery in the English Legal system. As a result, there were two courts with different powers. The presence of two courts with distinct jurisdictions caused a lot of hardships to litigants.
The common law courts could grant damages while the Court of Chancery could grant injunctions and other equitable remedies. For a while, none of these courts could grant remedies obtainable in Continue reading “The Judicature Act of 1873-1875.”
The Meaning of Equity
In normal parlance, equity means justice and fairness. In the legal world, equity means this and much more. All legal systems all over the world, over the ages, have always had a concept of equity embedded in their administration of justice. The Civil Law jurisdictions of Europe inherited the Roman Legal system. Continue reading “Meaning and Historical Evolution of Equity”
Formalities Under the Common Law
Under the common law, there was no particular form for a contract of hire purchase. It could be oral or written, with or without seal. However, in practice most hire purchase contracts are in writing in order to Continue reading “FORMALITIES OF A HIRE PURCHASE AGREEMENT”
To a fresh law student hearing the word ‘common law’ would read ambiguous meaning. It is only those that have been a little knowledgeable in the legal field that would understand the meaning of the phrase ‘common law’. The pertinent question then is how do we arrive at the legal meaning of common law. This question and many others are what would be put to rest in this paper. This paper would make us understand what a legal system is, five types of legal system would be listed and two will be expatiated upon.
Continue reading “LEGAL SYSTEM: MEANING AND TYPES”