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Common Law and Equity There are three types of historical law, these are: Common, Custom, and Equity. The term 'common law' developed from the use of customs. Judges would select the best 'customs', then these were used by all judges throughout the country. Thus this is how the term came to be developed. Common law is the foundation of our law today: it is fundamentally unwritten law that developed from the customs and judicial decisions. 'Equity' developed because of the problems in common law. Only certain types of cases were recognised. The law was also very technical; if there was an error in formalities the person would lose the case. Customs are rules of behaviours which develop in society without being consciously created for a specific purpose. There are two main types of custom: general and local customs. General customs are believed to have been very important in that there were, effectively,...

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