The origin of Equity & how it came to prevail over Common Law
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The origin of Equity & how it came to prevail over Common Law The word 'equity' means to do something fairly. It is on this basis that the law of Equity operates. Equity developed because of problems in Common Law, of which there were several. Because people could plead as many defences as they liked, the case could be delayed for up to one year and a day. This meant that every case took longer that it should have and consequently, the system of Common Law became very slow. Another difficulty of Common Law was when the hearing was finally given; it was often in Latin so many people didn't understand what was going on in the courts. A further problem and possibly the most significant was the method by which cases had to be started in the Common Law Courts. This was done by obtaining a document known as...


